I'm not sure where you get that visual sighting is required. It states clearly that the aircraft must have passed through or stopped short, no additional requirements are stipulated on how you assess that. That could be confirmed by radio as well as visual, or phone or whatever else can signal to the PIC waiting to depart that the aircraft has indeed stopped short of the intersection. However there must be some confirmation other than a pilot saying they will stop short, otherwise you are assuming a lot. As saying you will, is not confirmation that you have stopped short, which the later is the legal requirement. This is to allow for obvious things like go-rounds and over-runs.
That being said, if you don't trust the other pilot to report having held short then by all means wait for visual confirmation.
Sometimes the landing aircraft might say they intend to land and hold short of the intersection for you departure, that might not mean they assume you will roll immediately, just that they are saying once you see us hold short, off you go. They might assume you know your rules and will hold for them until they stop or turn around.
The other point to consider is the rule has regard to 'who is first'. So if the landing aircraft is first to land the aircraft taking off has to wait, if the aircraft taking off commences roll before the arriving aircraft crosses the airfield boundary it all gets complicated and the landing aircraft then must apply the same rule set or waiting until the aircraft departing has crossed the intersection before proceeding beyond the boundary fence.... This is where it all gets too close to call anyway, so why didn't you organize it much earlier.
Last edited by 43Inches; 1st Aug 2023 at 02:44.