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Joe,
To answer your simple questions with simple answers; Yes and Yes. Unfortunately most situations where an actual or perceived violation might occur would be anything but simple.

There is nothing in the Public Law (PL) Sec 336 or the FAA interpretation concerning the flight altitude of model aircraft. AC 91-57 of 1981 (still in effect) states “Do not fly model aircraft higher than 400 feet above the surface.” and before anyone jumps on this yes AC 91-57 is only “Advisory”. This altitude limit has been discussed Ad nauseam for years but I think for discussion purposes here we can agree that an advisory 400 foot limit is what the intent was. I have been a member of clubs with a 400 foot limit for normal operations (powered flight) and a mandatory spotter requirement for flights above 400 feet (sailplanes) (see AMA .pdf 540-D). Another club has a hard 400 ft AGL limit and because of close proximity to an active runway a mandatory spotter requirement at all times. The RC field position is described in the FAA airport directory (see FAA Identifier 3GM).

The FAA can pull my ticket for any bad decision making in or out of the cockpit. I know an ATP pilot that got his ticket pulled for a Driving While Intoxicated (DWI) conviction so yes, if I do something intentional or extremely stupid I could lose my ticket. In the cockpit bad decision making can cause you to lose more than your ticket.

Bottom line, if we (modelers) follow the rules and use some common sense we have nothing to fear from the FAA.

Frank

PS Nice BVM F18, where do you find the room to fly it?