Originally Posted by
jcmors
Since the hard and fast regulation for staying below 400' came into being I have attended and seen pictures and videos of events, AMA sanctioned events, that had folks flying above 400'. I know that the soaring part of our hobby really can't operate below 400' and there have been soaring competitions held as well as individuals still enjoying that facet of our hobby many of whom are AMA members. Other styles of flying continue to be practiced at events that, due to the size and speed of the models being flown, would actually be unsafe at below 400' in some cases.
So, question; did these events operate under a negotiated exception with the FAA? Serious question BTW, I have no idea if there was an exception or waiver in place or not.
I suppose there is something to be said for the fact that these events were well advertised and the FAA had to know that they were taking place and there has been no enforcement that I am aware of for this 400' limit at any of these events by the authorities. That said, if I regularly drive 85 in a 70 mile per hour stretch of road and am never stopped, that doesn't mean that I haven't broken the speed limit or that the law considers it to be ok for me to do that.
Prior to the 2019 Soaring Nats the LSF ( Soaring SIG ) approached the FAA and asked for a waiver to fly over 400' thus alerting the FAA directly of their intent to exceed 400'. The response I have heard from several sources is that the FAA came back with " You don't need a waiver, enjoy your event ". The Soaring Nats went forward as planned without interference from the FAA whom knew the event was happening AND were told straight up that they were going to exceed 400'.
Now before anyone puts words into my mouth, I DO NOT CLAIM THAT 400' IS NOT LAW! Simply that the FAA themselves are allowing us to violate said law. The question then is: If FAA themselves are not enforcing THEIR law, how do you suppose AMA is going to enforce it? With that said, I'm off to my Soaring club to get some practice in. I hope everyone has a pleasant Memorial Day weekend, to all the Veterans out there THANK YOU!