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Old 11-20-2014 | 04:24 AM
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phlpsfrnk
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From: Spring Hill, FL
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Originally Posted by HoundDog
If U look at the FAR 91.119 Minimum Safe Altitudes
Code of Federal Regulations

Sec. 91.119
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Part 91 GENERAL OPERATING AND FLIGHT RULES
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[TD]Subpart B--Flight Rules
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General
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Sec. 91.119

Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
[ (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface--
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.]
I asked the Phoenix
Flight Standards District Offices (FSDO) What constitutes an "open air assembly of persons" I was told it could be as few as a small gathering at a picnic. This means that if your R/C Field is occupied Full Scale air craft are required to maintain an altitude of 1000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
Lets use some common sense here. Now look at AC-91-57;
MODEL AIRCRAFT OPERATING STANDARDS

1. PURPOSE. This advisory circular outlines, and encourages voluntary compliance with, safety standards for model aircraft operators.

2. BACKGROUND. Modelers, generally, are concerned about safety and do exercise good judgement when flying model aircraft. However, model aircraft can at times pose a hazard to full-scale aircraft in flight and to persons and property on the surface. Compliance with the following standards will help reduce the potential for that hazard and create a good neighbor environment with affected communities and airspace users.

3. OPERATING STANDARDS.
c. Do not operate model aircraft higher than 400 feet above the surface.

Before anyone jumps on this I'm well aware of the "Advisory" nature of AC 91-57 (Ref to AC 91-57 some history). As indicated in AC 91-57 some history "AMA-FAA discussions indicated that the altitude figure was not a limit but a warning point."

I have been to many glider meets that far exceeded the "advisory" 400 foot above the surface altitude however there were precautions in place (spotters) and I have personally witnessed RC pilots advised of approaching full scale aircraft and any potential conflicts avoided. This is NOT the kind of activity the FAA considers careless and reckless. Flying as high as possible without a spotter or being aware of the type or nature of the airspace one is flying in, that in my opinion is irresponsible, careless and reckless. If an incident were to occur with a full scale aircraft or there is property damage or injury on the ground then the irresponsible individual should be prosecuted to the fullest extent possible.

Frank

Last edited by phlpsfrnk; 11-20-2014 at 04:32 AM. Reason: Grammar