Originally Posted by
grognard
...I see this case as a good argument in favor of the FRIA concept, and having FRIA locations marked on aeronautical charts. The Grob pilot violated the lower altitude limit of 600 m AGL for cross country flight in the area where the collision occurred. If he had known about an established flying site he might have paid more attention to his altitude - or been careful not to approach it from a direction where he was blinded by the sun.
Regarding your statement "if he (the Grob pilot) had known ... and he (the Grob pilot) might have paid more attention ... and (he) been more careful to approach..." - In the US, no matter what the manned aircraft does, FAR 107.37 clearly puts the responsibility on the unmanned aircraft operator. No exceptions. For your convenience, I've appended the applicable section below.
§107.37 Operation near aircraft; right-of-way rules.
(a) Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.
(b) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.