I apologize for the use of the word "legally". It is an interpretation of the FAA and a guideline of the CBO. I refer you to he FAA's guidelines for Model Aircraft at
https://www.faa.gov/uas/model_aircraft/ and the AMA (and others) "Know Before You Fly" at
http://knowbeforeyoufly.org/for-recreational-users/
I have not read the NPRM, but I would be surprised if that limit (or the 500' limit used for commercial UAS) does not come up.
Then of course there is the FAA's "AC 91-57, Model Aircraft Operation Standards", (which may or may not have been rescinded), which says:
Do not fly model aircraft higher than 400 feet above the surface.
Technically, the AC and the FAA's interpretation are suggestions, not law. Even the "Know Before you Fly" publication explicitly states that the suggestions are "safety guidelines," not mandatory laws.
That said, the AC and the FAA's voluntary guidelines are also a deceleration that the FAA may attempt to levy a fine against someone who flies above 400'. Though they are not legally binding, the safety guidelines, the AMA safety code, etc. could be used as evidence to compel a Judge to uphold a fine. The pilot may or may not win of the case goes to Court, but either way, if the pilot does not want to pay the fine, he/she will have to spend a great deal of time and money on legal defense.
Bottom line: I seriously doubt the the FAA will attempt to take legal action against a pilot, simply because he/she is flying a model aircraft higher than 400'. They never have in the past, that's for certain. However, if the pilot also gets to close to a full scale aircraft or too close to an airport, then the FAA is far more likely to take action.
Originally Posted by
jhicks112562
What the hell is a "drome"?
An unintentional misspelling by the OP.