VLOS and Night Flights For Hobbyist

[WinterRanger]

I've come back into flying drones after being out for a while. So I'm trying to make sure I understand all the rules as a hobbyist. One rule that I'm having trouble with is night flying.

As a Hobbyist:

I know I must have a strobe that is visible from 3 SM.

I know that for me and my Mini 4 Pro this will put me over 250 grams

I know that means I must register my drone

I know I will need to get the larger capacity battery so my Remote ID is transmitted

Here comes the part I can't understand. Regardless if you are a recreational pilot or commercial pilot you must maintain VLOS. Per 107 that's defined as the following:

With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to:

(1) Know the unmanned aircraft's location;
(2) Determine the unmanned aircraft's attitude, altitude, and direction of flight;
(3) Observe the airspace for other air traffic or hazards; and
(4) Determine that the unmanned aircraft does not endanger the life or property of another.

So here's the question. How does someone fly at night and adhere to 107's definition of VLOS (especially what's in bold)? Is the strobe considered "any device"?

 

[AeroJ]

Is the strobe considered "any device"?

No. It refers to stuff you might have to enhance your eyesight (binoculars etc), not stuff on the craft.

 

[mavic3usa]

If you are a recreational flyer then you are flying under the exception and instead of reading the different part 107 sections, you need to refer to your CBO for guidance outside the "basics."

 

[MA2 317]

I've come back into flying drones after being out for a while. So I'm trying to make sure I understand all the rules as a hobbyist. One rule that I'm having trouble with is night flying.

As a Hobbyist:

I know I must have a strobe that is visible from 3 SM.

I know that for me and my Mini 4 Pro this will put me over 250 grams

I know that means I must register my drone

I know I will need to get the larger capacity battery so my Remote ID is transmitted

Here comes the part I can't understand. Regardless if you are a recreational pilot or commercial pilot you must maintain VLOS. Per 107 that's defined as the following:

With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to:

(1) Know the unmanned aircraft's location;
(2) Determine the unmanned aircraft's attitude, altitude, and direction of flight;
(3) Observe the airspace for other air traffic or hazards; and
(4) Determine that the unmanned aircraft does not endanger the life or property of another.

So here's the question. How does someone fly at night and adhere to 107's definition of VLOS (especially what's in bold)? Is the strobe considered "any device"?

Read rule (2) a couple of times.

"Direction of flight"

Much like a boat in the dark, proper navigation lights will help to know the orientation of the aircraft at night.

A single strobe may not be enough to determine which way it's pointing when relying on VLOS if you have a device failure and no telemetry.




.

 

[WinterRanger]

If you are a recreational flyer then you are flying under the exception and instead of reading the different part 107 sections, you need to refer to your CBO for guidance outside the "basics."

Good point. So in this case I think that would be AMA. I believe they state that you need a strobe to fly at night.

 

[KJC Imaging]

I've come back into flying drones after being out for a while. So I'm trying to make sure I understand all the rules as a hobbyist. One rule that I'm having trouble with is night flying.

Here comes the part I can't understand. Regardless if you are a recreational pilot or commercial pilot you must maintain VLOS. Per 107 that's defined as the following:

With vision that is unaided by any device

So here's the question. How does someone fly at night and adhere to 107's definition of VLOS (especially what's in bold)? Is the strobe considered "any device"?

Great question and a perfect example of how legislation is incredibly difficult to write in order to account for all possible interpretations and circumstances.

By “device” they mean equipment such as binoculars or zoom cameras or FPV goggles or anything attached to the operator with the exception of eyeglasses.

Your strobe added to your drone, or for that matter anything added to your drone to make it more visible and to help maintain VLOS, is not considered a “device” in this case, and is fine!

By the way, you will likely not be able to see the strobe if it is mounted on the top surface of your drone and the drone is more than about 30 degrees upward angle from you. But you will be able to see the drone’s navigation lights which are how you are able to determine the heading of the drone from eyesight alone.

 

[DarR-T]

While Part 107 does not apply to recreational RPA pilots, These later are subject to:

49 USC 44809: Exception for limited recreational operations of unmanned aircraft
There are no restrictions or regulations for night flights within other than VLOS as stated below:

49 USC 44809 (a)(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.

Consequently, by default, the RPA must have lights to ensure VLOS.

 

[Vic Moss]

Consequently, by default, the RPA must have lights to ensure VLOS.

In the U.S., it's much more than just seeing where the drone is. The FAA is quite adamant that you can't use lighting to increase VLOS. So lights aren't the only thing they need.

 

[DarR-T]

In the U.S., it's much more than just seeing where the drone is. The FAA is quite adamant that you can't use lighting to increase VLOS. So lights aren't the only thing they need.

I'm not disagreeing here.
However, Where is it documented that you need more than lights at night for recreational pilots in:
49-TRANSPORTATION, SUBTITLE VII-AVIATION PROGRAMS
PART A-AIR COMMERCE AND SAFETY
Subpart iii-safety CHAPTER 448-UNMANNED AIRCRAFT SYSTEMS
§44809. Exception for limited recreational operations of unmanned aircraft ?
Please be specific as we want to know.

 

[Vic Moss]

I'm not disagreeing here.
However, Where is it documented that you need more than lights at night for recreational pilots in:
49-TRANSPORTATION, SUBTITLE VII-AVIATION PROGRAMS
PART A-AIR COMMERCE AND SAFETY
Subpart iii-safety CHAPTER 448-UNMANNED AIRCRAFT SYSTEMS
§44809. Exception for limited recreational operations of unmanned aircraft ?
Please be specific as we want to know.

Each Community Based Organization has their own FAA approved safety guidelines about night flights. So it's up to them. But they do need more than just simple aircraft location.

 

[DarR-T]

Each Community Based Organization has their own FAA approved safety guidelines about night flights. So it's up to them. But they do need more than just simple aircraft location.

Please show us where it's documented that you need more than lights at night for recreational pilots to maintain VLOS?
Be specific as we need to know.

 

[Vic Moss]

Please show us where it's documented that you need more than lights at night for recreational pilots to maintain VLOS?
Be specific as we need to know.

Under §107.31;

"(a) With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to:
(1) Know the unmanned aircraft's location;
(2) Determine the unmanned aircraft's attitude, altitude, and direction of flight;
(3) Observe the airspace for other air traffic or hazards; and
(4) Determine that the unmanned aircraft does not endanger the life or property of another."

Under §49 USC 44809 as per AC 91-57C):

"2.2.3 Section 44809(a)(3). “The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.”2.2.3.1 In order to be operating within visual line of sight (VLOS), either the operator or a visual observer (VO) must be able to see the UA (with vision unaided by any device other than corrective lenses) throughout the entire flight to ensure it does not present a collision hazard to other manned aircraft or persons or property on the ground. The use of a VO is optional, but a VO enables the recreational flyer to look away from the UA for extended periods. The use of a VO is necessary if the recreational flyer wants to use first person view(FPV) devices, which allow a view from an onboard camera but limit the operator’s ability to scan the surrounding airspace.Note: For a VO to be considered co-located with the recreational flyer, the VO should be close enough to the recreational flyer to be able to communicate directly with him or her without the use of technological assistance and without creating a distraction to the recreational flyer."

 

[DarR-T]

Under §107.31;

"(a) With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to:
(1) Know the unmanned aircraft's location;
(2) Determine the unmanned aircraft's attitude, altitude, and direction of flight;
(3) Observe the airspace for other air traffic or hazards; and
(4) Determine that the unmanned aircraft does not endanger the life or property of another."

Under §49 USC 44809 as per AC 91-57C):

"2.2.3 Section 44809(a)(3). “The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.”2.2.3.1 In order to be operating within visual line of sight (VLOS), either the operator or a visual observer (VO) must be able to see the UA (with vision unaided by any device other than corrective lenses) throughout the entire flight to ensure it does not present a collision hazard to other manned aircraft or persons or property on the ground. The use of a VO is optional, but a VO enables the recreational flyer to look away from the UA for extended periods. The use of a VO is necessary if the recreational flyer wants to use first person view(FPV) devices, which allow a view from an onboard camera but limit the operator’s ability to scan the surrounding airspace.Note: For a VO to be considered co-located with the recreational flyer, the VO should be close enough to the recreational flyer to be able to communicate directly with him or her without the use of technological assistance and without creating a distraction to the recreational flyer."

With all due respect, §107.31 does not apply to recreational pilots.
And even if it did, All it says is that you must maintain VLOS .

What does apply to recreational pilots is:
49-TRANSPORTATION, SUBTITLE VII-AVIATION PROGRAMS
PART A-AIR COMMERCE AND SAFETY
Subpart iii-safety CHAPTER 448-UNMANNED AIRCRAFT SYSTEMS
§44809. Exception for limited recreational operations of unmanned aircraft

I have yet to find any FAA objections to flying at night when you have VLOS.

 

[Vic Moss]

With all due respect, §107.31 does not apply to recreational pilots.
And even if it did, All it says is that you must maintain VLOS .

What does apply to recreational pilots is:
49-TRANSPORTATION, SUBTITLE VII-AVIATION PROGRAMS
PART A-AIR COMMERCE AND SAFETY
Subpart iii-safety CHAPTER 448-UNMANNED AIRCRAFT SYSTEMS
§44809. Exception for limited recreational operations of unmanned aircraft

I have yet to find any FAA objections to flying at night when you have VLOS.

I added 107.31 just for reference. And I never said anything about any FAA objections to flying at night when you have VLOS, it's just that having strobes only satisfies part of the requirement. AC 91-57C is the part that states you need moer. Because under VLOS the FAA wants you to "ensure it does not present a collision hazard to other manned aircraft or persons or property on the ground".

Strobes don't do that. That is what I was saying.

Advisory Circulars certainly aren't regulatory, but in the event of an incident, they can use them to bring a case against you. And it can also bring §107.23 (a) against you, even if you are flying under 44809.

 

[DarR-T]

Conclusion:
Unless stated to the contrary, you can fly at night if you can see the drone with your naked eyes.
And you can only do so given a certain reasonable distance with lights on the drone.

 

[Vic Moss]

Conclusion:
Unless stated to the contrary, you can fly at night if you can see the drone with your naked eyes.
And you can only do so given a certain reasonable distance with lights on the drone.

You're not making any sense. I state one thing, and your argue another. I NEVER said you can't fly your drone if you can see it with naked eyes, night or day. But there are other aspects of safety and regulations that must be satisfied. And under both 107 & 44809, part of that is ensuring you're not a danger to people or structures on the ground.

This discussion started because you wrote "Consequently, by default, the RPA must have lights to ensure VLOS." I simply stated that is only part of the equation. You seemed to have taken offense of that statement. I'm not sure why.

Unless I'm reading this wrong.

 

[DarR-T]

I'm not taking any offense. I'm sticking to the thread's heart of the matter without clouding the issue and jumping the shark with lots of text that does not prohibit flying at night as long the drone is visible and VLOS is maintained. As @KJC Imaging mentioned above, your nav lights and a good strobe will keep you on the right side of the rules and the spirit of intent.

 

[MS Coast]

I'm not taking any offense. I'm sticking to the thread's heart of the matter without clouding the issue and jumping the shark with lots of text that does not prohibit flying at night as long the drone is visible and VLOS is maintained. As @KJC Imaging mentioned above, your nav lights and a good strobe will keep you on the right side of the rules and the spirit of intent.

It seems that you're talking about hardware and @Vic Moss is talking about additional aspects of the pilot's actions and abilities during the flight as part of VLOS. The FAA's definition of VLOS extends beyond merely being able to see the drone.

Here's a discussion from the Pilot Institute.

What is Visual Line of Sight (VLOS) for drones? - Pilot Institute

Visual line of sight (VLOS) simply means that the drone pilot or visual observer can see the drone without any obstruction.

pilotinstitute.com

 

[DarR-T]

I believe we're all on the same page here attempting respond to the OP's original question namely:
How does someone fly at night and adhere to 107's definition of VLOS?
I have to assume that the OP is already familiar with the definition of VLOS.

Here's what Pilot Institute says about flying at night:

Can I Fly My Drone At Night: Pilotinstitute.com

Both Part 107-licensed and recreational drone pilots can now fly their drones at night without having to apply for a waiver.

pilotinstitute.com

 

[GFields]

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