Here's the NTSB's determination. Unfortunately, I think that no matter what, the model pilot has the requirement to avoid full scale. The NTSB determination would seem to support that view.
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NTSB Identification: CEN10LA487
14 CFR Part 91: General Aviation
Accident occurred Saturday, August 14, 2010 in Brighton, CO
Probable Cause Approval Date: 05/19/2011
Aircraft: SHPAKOW THOMAS SA 750, registration: N28KT
Injuries: 2 Uninjured.
NTSB investigators may not have traveled in support of this investigation and used data provided by various sources to prepare this aircraft accident report.
During a local fly-in event, a radio controlled airplane collided with a bi-plane while the bi-plane was performing a go-around. The radio controlled airplane was performing a hover maneuver just prior to the collision and initiated an escape maneuver which placed the radio controlled airplane right into the flight path of the bi-plane. The bi-plane sustained substantial damage, but was able to land without further incident. The radio controlled airplane was destroyed. Prior to the event, the event coordinator briefed the participants that they were to operate their radio controlled airplanes to the east of the runway, and not directly in the runway environment. While the event coordinator was monitoring the radio for traffic, it was not clearly communicated who, if anyone, was providing spotter duties for the radio controlled airplane operator prior to the collision.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
- The radio-controlled airplane operator’s decision to maneuver his airplane outside of the designated operating area, resulting in a collision with a bi-plane. Contributing to the accident was the lack of a formally designated spotter.
http://www.ntsb.gov/_layouts/ntsb.av...no=8&pgsize=50