Originally Posted by
TimJ
What Silent Aviator is stating, is there isn't a "federal law, regulation, or rule".
When you apply for the certificate, you are agreeing to fly below 400 feet.
Otherwise there's not any real law that states you must fly below 400 feet. There's only safety guidance. Of which the FAA is trying damn hard to make it seem like law. Once you apply for your registration certificate, you are then agreeing to fly below 400 feet. Now you are obligated to fly below 400 feet after you've registered.
Exactly. I see this as an attempt on the part of the FAA to create a de facto rule and thereby illegally circumventing the legally required rule making process. They sincerely want everyone to think that you cannot fly over 400 feet.
The danger in that is now local governments are writing laws based on that and many landowners may think it is a real rule and require it in their leases. Not to mention clubs that simply do not understand the situation and who impose this as if it is a real rule.
Another interesting point is that the AMA Leadership does not think that the agreement during the registration process is legally binding. I am not sure I agree with that and I would really like the FAA to make a crystal clear statement to that effect. I would also like the Victoria's Secrets Angels to spend the night with me. Both I think are equally possible.