Using spotters to fly BVLOS: legal or not?

[mavic3usa]

The PIC is able to see the drone if he removes the goggles. But he does not actually have it in sight at all times with the goggles on.

So does that mean if the PIC can remove the goggles and see the drone at any time, no VO is needed (when you fly FPV with Goggles)?

 

[rjwmorrell]

This is why I really like the Canadian rules:

Visual Line-of-sight​

• 901.11 (1) Subject to subsection (2), no pilot shall operate a remotely piloted aircraft system unless the pilot or a visual observer has the aircraft in visual line-of-sight at all times during flight.

The "pilot OR a visual observer" is pretty clear and allows you some flexibility to fly beyond where the pilot can see, for example the other side of a building, or over/behind terrain.

There is a later section that stipulates the VO must have immediate communication with the pilot at all times, which is pretty common sense. If the VO observed a hazard while the pilot couldn't see around the aircraft because it was out of line-of-sight, a reliable means of communicating must exist to warn the pilot.

 

[Zbip57]

So does that mean if the PIC can remove the goggles and see the drone at any time, no VO is needed (when you fly FPV with Goggles)?

I get what you're saying.

If I momentarily glance down at my monitor, I don't actually have the drone in sight at all times either. But I do know where the drone is and am able to look up and see it immediately and I'm able to constantly monitor the airspace around the drone.

If I choose to wear goggles, I definitely do not have the drone in actual sight at all times, nor am I able to sufficiently monitor the airspace around the drone. Even if I'm confident that I know where the drone is located at all times, if something were to happen it would take me a while to pull the goggles off and fumble to put my eyeglasses back on before actually being able to spot the drone again. That's when a Visual Observer would be required to watch the drone and monitor its surroundings, allowing me to concentrate on the view in my goggles.

There is a difference, no?

But where exactly is the dividing line between only momentarily glancing down at your monitor versus staring solely at the monitor for the entire flight and not actually ever having the drone in sight at all times, even if you know the drone is always close enough that you are able to see it if you ever did choose to look up?

I'm confident that I'm able to recognize the point at which I'm still safely aware of the situation and surroundings versus where I'm uncomfortable because I'm doing something sketchy and stupid. But I wouldn't ever want to be forced to test the exact legality of that dividing line in court.