If there were no VLOS rules at all, I'd still feel devastated if I killed or harmed someone flying manned aircraft if my drone (operation) was the cause.
Could I use an excuse that because there are no VLOS rules, the accident wasn't my fault even if it was?
Could I say the odds of hitting an aircraft BVLOS were so slim I shouldn't be held responsible?
Could I say I'm exempt from being sued because there are no VLOS rules to break?
What would you do if there were no restrictive VLOS UAV rules but were told
if for any reason you cause a manned aircraft to crash (because of your drone), you'd automatically be considered guilty and spend the rest of your life behind bars?
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Would you still take a chance of jail time even if it's a slim chance? I'm sure some would and figure there's just no way something will happen (the odds are too great) and take the chance.
Personally I really wouldn't try to justify my actions to control my conscious. My drone crashing into a manned aircraft probably wouldn't hurt me other than the financial loss, but I'd feel overwhelmed about injuring or killing someone because of my uncontrolled hobby. Responsibility is a key factor. But the problem is if there were no rules set in place, how would most people (including me) know my flying has the possibility of harming others even if it was or wasn't extremely rare? When I first got my MP in 2016, I flew both over 400 AGL and past VLOS several times. Most flying was in open areas and I didn't do anything stupid in my eyes concerning safety. After having a couple close encounters with the real McCoy's, I quit flying BVLOS. I can say those close encounters weren't in any way damaging to my equipment or the manned aircraft. I'd even venture to say if you tried as hard as you could to hit a manned aircraft in flight, you'd be extremely lucky to make contact. But the close calls did open my eyes a bit and I started keeping my quad within sight and scanning more often for aircraft.
I think most of us understand that without rules set in place to protect manned aircraft, in the case of a deadly event like I discussed above, the government probably would be held responsible for not having specific laws to protect manned aircraft from an unsafe environment caused by unmanned aircraft. CYA comes to mind. There are so many different scenarios in your no rule example that can change my views about what is or isn't safe, it's impossible for me to answer. I do feel the FAA uses kind of a blanket approach regarding VLOS rules for good reason. It does cut down on possible confusion in following VLOS guidelines. If BVLOS becomes an issue for the FAA, I doubt any of us will be fond of the outcome, but that's just speculation on my part.
Today I fly within FAA compliance to the best of my ability. Do I screw up from time to time? Yeah, but I'm not purposely running red lights out there on a normal basis.