RCU Forums - View Single Post - FAA's Enforcable 400 Feet = Death to Jets?
Old 01-13-2016, 02:36 PM
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Sport_Pilot
 
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Originally Posted by TTRotary
I have read it all, and this is not the point. The only thing that matters at our level, as FAA-certified UAS operators is: when you register with the FAA, one of the conditions you agree to is: "I will fly below 400 feet". In agreeing to that, you have just legally obligated yourself to such course of action, and any infraction of that can be interpreted by the FAA as an endangerment to the NAS. The FAA's enforcement path is very clearly stated in what I previously posted.

What they are basically telling you is: we cannot touch you unless we believe you are endangering the NAS, at which point you cease to be viewed as a "model aircraft" and fall under our enforcement purview. It is exactly the same legal framework as probable cause. When you certify that you will keep it below 400AGl, then violate that and are observed to do so, you are now subject to their enforcement. The fines are stiff, and I am sure the FAA is itching to make an example. Someone who shows intent to deceive (as per Bob's post) would be subject to additional sanctions.


I can assure you that the FAA is serious about enforcement, and they don't make any distinction whatsoever between AMA, non AMA, type of aircraft, or anything else. If it flies and violates, it gets prosecuted, period. At this point, aeromodelers have no friends. I fly full scale and I can assure you that most pilots consider RC air to be a nuisance at best and a safety threat at worst. Most would be fine having it banned altogether. Few FS fly RC, and vice-versa, so there is little mutual appreciation. Finally, air passenger safety trumps everything else. So RC will always lose to full scale in a conflict. It takes only one pilot-reported incident, even of that pilot was totally in the wrong, to get a field shut down. So poking sticks in the eye of the FAA, falsifying your air certificate etc., is a losing proposition.
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What you don't get is that you acknowledged that there are guidelines. Guidelines by definition are open to interpretation and are not enforceable. The FAR's are enforceable and for model airplanes the 400 foot only exists in the AC which is also advisory and the AMA code.