Originally Posted by
Sport_Pilot
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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.
Wrong. You have not acknowledged but instead
certified , the following: "I have read, understand, and intend to follow the above safety guidance". I can assure you that the FAA does not believe anything is open to interpretation, and they certainly do intend to enforce them. You are either complying, or violating. There is no grey area. You are deluding yourself if you think otherwise. It's like trying to argue with a traffic cop that you thought the speed limit sign was just a suggestion. Do you really think that you will be just fine flying over stadiums and near law enforcement? I didn't think so. It is no different for the 400AGL, if you are observed doing it.
And once again, what the AMA says, or whether you are flying according to their guidelines when you were observed to violate NAS, is totally irrelevant, as far as the FAA is concerned. The AMA is nothing to the FAA. For better or for worse, and regardless of what we were before, we are all FAA certificate holders now.