Reference: EU Regulation 2019/947, Article 2 Definitions, points 7/8.
Operation within visual line of sight (VLOS)
In this UAS operating mode, the remote pilot is able to maintain continuous, unaided visual contact with the unmanned aircraft. This allows them to steer its flight path so that collisions with other aircraft, people and obstacles are avoided.
The term "continuous" is important here: if the pilot looks at the drone's control display and interrupts the direct line of sight, they are already in BVLOS. This happens quickly — for example during the optical or thermal inspection of photovoltaic installations.
Operation beyond visual line of sight (BVLOS)
This UAS operating mode is not carried out in VLOS. If a flight that actually belongs in the specific category (BVLOS) is carried out in the open category (VLOS), the drone's liability insurance lapses.
Moreover, this conduct is considered a dangerous interference with air traffic (Section 315 of the German Criminal Code) and is punishable by imprisonment of between 6 months and 10 years. Violations of the LuftVG, the LuftVO or EU Regulation 2019/947 are punishable by a fine of up to EUR 50,000.
Liability in companies
Not only the responsible pilot is held liable, but under aviation law also the superior who ordered the flight — for example a department head, flight operations manager or training manager. In addition, the managing director is also liable, because they failed to fulfil their duty of supervision and care.
Many companies are unaware of the financial and liability risk that exists.
Solution: training for the specific category
With our training programme for the specific category (BVLOS), you can carry out your flights safely and in compliance with the law. We are happy to answer any further questions.