Originally Posted by N410DC

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.



An unintentional misspelling by the OP.