Originally Posted by
franklin_m
What it probably came down to was (1) the RC pilot was not where he was supposed to be. (2) The full scale go-around was a result of the RC airplane being where it was not supposed to be. (3) The full scale had the right of way per FAR 91.113 (g) which states that “ Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface.” Lastly, the “event coordinator” is not ATC, therefore the “request” was not compulsory. Regardless, the full scale pilot complied with his requirements in that he stated his intention to execute a go-around – only to have the RC pilot who was not where he was supposed to be in the first place then execute another maneuver that put him in the path of the go around – thus being in the wrong spot not once, but twice.
Pretty cut and dry by the FAR and thus an easy conclusion from the NTSB's standpoint.
I suppose it's easier now that PL112-95 section 336 (a)(4) requires unambiguously that the [model] “aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.” So from the moment that was signed, it really doesn't matter what the manned aircraft does, the model has to give way and not interfere.
I know what the law says, However in the real world things don't always go as planned and it's not always practical to make a cut and dry decision and say one side is always at fault in spite of
the circumstances. I also don't believe it does not matter in any case what the full scale may do, And I think if the bipe had crashed as a result of the collision and lawyers had got involved
the RC pilot would not have received all the blame.
One thing to remember just because you have a the right of way does not mean it's always prudent to take it. If a plane lands on a occupied runway because he has the right of way by the
letter of the law and causes a crash that pilot can be held responsible if it can be shown they had other choices.
Bottom line from a common sense point of view the full scale had just as much fault as anyone else because the pilot knew a RC craft was near the runway and should have stayed well clear.