FPV (first-person view) drone flying is one of the fastest-growing segments of the hobby, and one of the most commonly misunderstood from a regulatory standpoint. FPV pilots fly with goggles that display a live camera feed from the aircraft, which means their physical eyes are not on the drone. That creates a direct conflict with the FAA's visual line of sight (VLOS) requirement.
Understanding exactly what is and isn't allowed under current regulations is essential for any FPV pilot -- recreational or commercial.
The Core Problem: VLOS and FPV Goggles
Part 107.31 requires that the remote pilot in command maintain visual line of sight with the unmanned aircraft throughout the flight. The rule specifies that this means unaided visual contact -- not through goggles, not through a camera feed, not through binoculars.
Flying with FPV goggles as the sole means of aircraft observation does not satisfy the VLOS requirement. Period. This applies equally to recreational flyers (who must follow community-based safety guidelines that include VLOS) and Part 107 commercial operators.
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This is why FPV racing events and freestyle flying, done safely, typically involve a visual observer.
The Visual Observer Solution
The regulatory path that allows FPV goggles within Part 107 is the visual observer (VO) provision under 107.33.
A visual observer is a person who is separate from the remote pilot in command and who:
- Assists the RPIC in maintaining situational awareness of the aircraft
- Maintains direct visual contact with the aircraft throughout the flight
- Communicates status to the RPIC
With a competent VO:
- The RPIC can wear FPV goggles
- The VO provides eyes-on-the-drone awareness
- The VO and RPIC must be co-located and in direct communication (voice, not electronic)
This is the standard setup for commercial FPV operations: a VO stands next to the goggle-wearing pilot and watches the aircraft. The VO calls out obstacles, other aircraft, and any situation requiring the pilot to remove their goggles.
Note: The VO does not need to be a Part 107 certified pilot. Any person designated as a VO who maintains required situational awareness satisfies the requirement.
Recreational FPV Flying
Recreational pilots flying under 49 U.S.C. §44809 are governed by community-based safety guidelines from FAA-recognized community organizations (AMA, FPV Freedom Coalition, etc.). These guidelines generally also require visual line of sight -- most require a spotter/VO for goggle-based FPV flight.
Many FPV clubs fly at AMA-chartered fields under the AMA safety code. At these locations, the club's safety code governs operations and generally requires a visual observer for goggle-based flight.
Informal recreational FPV flying in Class G airspace without a VO is one of the most commonly cited areas of non-compliance in the FPV community. Many recreational pilots are simply unaware that their goggle-only operation violates FAA requirements.
The FPV Waiver Option (Part 107)
Under Part 107, the FAA offers waivers for operations that deviate from standard requirements. A waiver for beyond visual line of sight (BVLOS) would technically cover FPV operations without a VO, since the limitation is the pilot's eyes not being directly on the aircraft.
In practice, the FAA grants BVLOS waivers primarily to professional operators with detailed operational plans, safety cases, and specific use cases (infrastructure inspection, precision agriculture). Getting a BVLOS waiver specifically for recreational-style FPV racing is not currently a realistic path for individual pilots.
The more practical waiver path for FPV is the Part 107.205 waiver, which covers deviations from specific Part 107 sections. Some operators have pursued waivers for small FPV racing operations. These are fact-specific and require a detailed application.
FPV Racing and Commercial Operations
Commercial FPV operations -- racing events with prize money, paid FPV racing footage, drone light shows -- all require Part 107 certification for the RPIC. If you are piloting an FPV aircraft for any commercial purpose:
- You need a Part 107 Remote Pilot Certificate
- You need to satisfy VLOS requirements (VO present) or have an appropriate waiver
- Your aircraft needs FAA registration if it weighs 0.55 lbs or more
- You need Remote ID compliance for applicable aircraft
Drone light shows are a specific commercial application where FPV-style operations are conducted under highly specific Part 107 waivers obtained by the show organizer. Individual drone operators at a light show operation are working under the organizer's waiver, not their own.
FPV Aircraft and Remote ID
As of September 2023, most FPV aircraft fall into a regulatory gray area for Remote ID:
Produced FPV aircraft from major manufacturers (DJI FPV, Cinewhoop-style production drones): These are designed to comply with Standard Remote ID and broadcast identification automatically.
Custom-built FPV quads: Custom-built aircraft are not required to have Standard Remote ID but must either fly within a FRIA or have an FAA-accepted Remote ID module attached. Building a 5-inch FPV freestyle quad from parts does not exempt it from Remote ID requirements -- it just means the builder is responsible for adding a compliant module.
The FAA-accepted Remote ID modules are available from several manufacturers and can be attached to custom-built aircraft to achieve compliance outside of FRIAs.
Where to Legally Fly FPV Without a VO
FPV pilots who want to fly without a visual observer have two realistic legal options:
FRIA (FAA-Recognized Identification Area): FRIAs are fixed sites where the Remote ID broadcast requirement is relaxed, allowing aircraft without Remote ID capability to fly. Many AMA clubs have applied for and received FRIA status. Within a FRIA, you can fly FPV with a spotter or under club safety rules that permit it.
Obtain a Part 107 waiver: As described above, this is a realistic option only for professional operators with specific use cases and operational safety plans.
Flying FPV without a VO outside a FRIA, without a waiver, is operating outside Part 107 requirements and community-based safety guidelines simultaneously. It is the most common regulatory violation in the FPV community.
Practical Summary
| Situation | Legal Path |
|---|---|
| Recreational FPV at AMA field (FRIA) | VO recommended per AMA safety code |
| Recreational FPV outside FRIA | VO required to satisfy community guidelines |
| Commercial FPV (any paid work) | Part 107 certificate + VO |
| Commercial FPV without VO | Part 107 BVLOS waiver |
| FPV racing with prize money | Part 107 + VO + event organizer compliance |
The FPV community is large enough that the FAA has been working to clarify rules and create pathways for compliant operations. Checking the FAA's UAS website and your local club's guidelines will give you the most current information on FPV-specific regulatory developments.
Rules change. This post reflects the regulations as we understood them on the date above and is not updated automatically. Verify current federal rules at faa.gov/uas, and any state or local rules with the relevant authority, before you fly.