I'm being serious... reading the FAA's web site, its very clear that UNAIDED line of sight is a requirement whether you're operating under P.L. 112-95, Section 336 "hobby" rules or 14 CFR Part 107 regulations. You can also use an observer (which as a practical matter probably makes the most sense, even for very long distance operations), but it is most definitely a requirement either of the operator or observer unless you have a Part 107 waiver. Don't want to believe me? Start here:
Getting Started
Of course you always can request a waiver under Part 107 but I seriously doubt everyone on here and everyone who has gone out and purchased add-on range extenders or those fancy-schmancy, expensive POV goggle things is doing that for every flight (which is actually what the requirement is). This is a matter of law - it's not optional. If you bust it, you're risking enforcement action by the FAA, fines, suspension or revocation of certificates, etc. Sure you might get away with it and probably will (unless you're stupid and post / brag about it publicly for example...).
That's all I'm saying. Be careful. Know the rules. I doubt an Administrative Law Judge will have a heck of a lot of sympathy for Joe Blow Drone Pilot standing in front of him or her saying, "duh, I didn't know", especially in response to some kind of incident or accident where heaven forbid someone got hurt or there was damage done.
FWIW I'm seriously impressed with the ability of people to extend the range of these aircraft and what they can do. The engineer / test pilot in me wants to tinker with it myself to see what CAN be done (not just what's ALLOWED to be done), but it seems there are a few fundamental legal issues with doing so - namely that you need UNAIDED visual contact with your UAS at all times... it would be derelict to just ignore this. The responsible thing to do is know the rules and figure out a way to achieve the objective (i.e. conducting max. range, BVR test flights) while not opening yourself up to the potential unpleasantness of a federal investigation.
Why not try educating yourself instead of flaming me? Here, take a look at the text of P.L. 112-95, Section 336, which you can find here:
https://www.congress.gov/112/plaws/publ95/PLAW-112publ95.pdf
SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational use;
(2) the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)).
(b) STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.
(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model aircraft’’ means an unmanned aircraft that is—
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating the aircraft; and
(3) flown for hobby or recreational purposes.
Also, here's the text of the (most relevant) Regulations under Part 107 (the rest is available in the link):
eCFR — Code of Federal Regulations
§107.31 Visual line of sight aircraft operation.
(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.
(b) Throughout the entire flight of the small unmanned aircraft, the ability described in paragraph (a) of this section must be exercised by either:
(1) The remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system; or
(2) A visual observer.
§107.33 Visual observer.
If a visual observer is used during the aircraft operation, all of the following requirements must be met:
(a) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must maintain effective communication with each other at all times.
(b) The remote pilot in command must ensure that the visual observer is able to see the unmanned aircraft in the manner specified in §107.31.
(c) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must coordinate to do the following:
(1) Scan the airspace where the small unmanned aircraft is operating for any potential collision hazard; and
(2) Maintain awareness of the position of the small unmanned aircraft through direct visual observation.
So basically it should be obvious that you shouldn't just be blasting away using only your HD telemetry info. on your iPad while your aircraft is thousands of feet away, clearly BVR. Again, I'm not posting this to rain on anyone's parade, just make them aware of the rules so it's done correctly and safely, which of course reflects better on our whole little community. We're already fighting a perception war that drone operators are largely a bunch of doofuses with expensive toys who want to spy on our neighbors sunbathing or screw around in the approach paths of jet airliners - why not follow the rules and not give the haters another reason to hate?
Just a thought. Rant / flame away, best of luck and fly safely.
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