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Are FPV Goggles, Night Flying and Beyond-Visual-Line-of-Sight Flights Legal?

Aviation
Are FPV Goggles, Night Flying and Beyond-Visual-Line-of-Sight Flights Legal?

These features and flight styles raise additional legal and safety questions; do not assume that a capable drone makes the operation permitted. Standard CASA rules include visual-line-of-sight and daylight/visibility requirements, while advanced operations may require a different authorised framework.1

What do these terms mean?

FPV means first-person view: the pilot sees the drone camera feed through goggles or a display. Night flying means operating outside daylight conditions. Beyond visual line of sight (BVLOS) means flying where the operator cannot directly see the drone.

Each can make it harder to detect aircraft, people, obstacles, changing weather and the drone’s actual position.

A live camera feed is not visual line of sight

A controller screen or FPV goggles can assist the pilot, but they do not automatically satisfy a visual-line-of-sight requirement. CASA’s current guidance should be checked for the intended operation, including any observer arrangements and approvals. A visual observer does not automatically make any FPV or BVLOS flight compliant.1

Night flying is not simply a camera setting

A drone camera may produce impressive low-light footage, but the operator must still be able to comply with the applicable CASA conditions. Reduced visibility increases risks of collision, loss of orientation and inadvertent flight into restricted areas.

Do not use a social-media video or overseas example as evidence that a comparable Australian flight is lawful.

Feature or plan Legal question to ask
FPV goggles Can the operation comply with CASA’s visual-line-of-sight rules and any other conditions?
Night mode Can the operation be conducted within applicable daylight and visibility requirements?
Long-range transmission Does the intended distance exceed visual line of sight?
Return-to-home function Does automation remove the need to comply with the operating rules? No.
Autonomous waypoint route Is the intended operation within the applicable category or does it need an authorisation?

Plan conservatively

If the flight involves goggles, darkness, long distance, automation, airspace complexity, a business purpose or people nearby, investigate the legal position before launch. This is not an area to test by trial and error.

Read CASA’s recreational drone rules , airport and heliport restrictions and licensing and accreditation .

A live feed, obstacle avoidance, geofencing or return-to-home function can assist safety but does not itself make an otherwise restricted or unsuitable flight lawful.

For local planning, see Can I fly a drone on the Gold Coast? . For the on-air discussion, listen to Legal Matters . If there has been a suspected breach or incident, read what happens if drone rules are broken .

Bell & Senior Lawyers can advise on legal issues surrounding business operations, contracts, privacy and disputes. Call 07 5532 8777 or contact our team .

References


  1. Civil Aviation Safety Authority, ‘Drone Safety Rules’ (Web Page) https://www.casa.gov.au/drones/drone-rules/drone-safety-rules ; Civil Aviation Safety Authority, ‘Drone Rules’ (Web Page) https://www.casa.gov.au/knowyourdrone/drone-rules↩︎ ↩︎

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