Here's an example of how some of the most devoted AMA members rationalize their own actions in violation of both CBO rules and law. From an aviation safety standpoint, this is a very dangerous behavior.
FACT: 49 USC 44809 states six conditions required to operate under the "Exceptions for limited recreational operations of unmanned aircraft. One of those conditions, 49 USC 44809(a)(2) requires "The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration."
FACT: For AMA members, that "programming" and/or "safety guidelines" that were approved by the FAA is the AMA Safety Handbook, in which it states:
"As an AMA Member I agree:
- I will avoid flying directly over unprotected people, moving vehicles, and occupied structures (note 1), and
- I will use an established safety line to separate all model aircraft operations from spectators and bystanders (note 1)"
FACT: Additionally, in the "Radio Control" section of that same Safety Handbook it goes on to require members to:
- "Establish a safety line(s) behind which all spectators and bystanders must remain and in front of which all flying takes place. Intentional flying behind the safety line is prohibited (note 2), and
- Only personnel associated with flying the model aircraft are allowed at or in front of the safety line. Spectators must have a designated area away from the line (note 2)
With that in mind, consider the following dialog between three AMA members who openly admit that they're ignoring the CBO rules:
ADMISSION: AMA Member #1 - "{S}ay a field is on a shared-use property, both model flying and horse/walking trails are co-located on the property. Is this going to be a problem? The amount of equestrian and foot traffic is very limited and the parking areas are separated but the overfly area contains the trails (emphasis added).The club has a good relationship with the riders and the land is public property ... thoughts? Signage calls out the separation between the flying site and the trailer parking for horses."
RATIONALIZATION: AMA Member #2 - "It sounds like you're doing all the right things, with signage and communication with the trail riders. It's probably going to come down to perceived risk. A few operations per week by small park fliers over a small number of riders scares bureaucrats a lot less than a busy field with jets and big gassers flying over 20 person rides departing every half hour. (emphasis added)"
RATIONALIZATION: AMA Member #3 - (In reference to comment by #2 above): "This sounds reasonable and your comment on perceived risk hits the nail. (emphasis added)"
: There is no CBO programming/safety guideline that permits violation of the other CBO programming/safety guideline items if they "post signs" or "have a good relationship." And there's no law, FAA rule/regulation, or policy that permits it either.
I submit these facts, their rationalization of their own blatant violation of explicit CBO programming/safety guidelines, and AMA's lack of enforcement of their own rules is what's going to tear down the hobby - not me noting them. AMA Member #1 knows they're violating CBO rules.
If they're so sure this overflight of people is ok, how about they write it up and send to Tony Stillman at AMA and ask? Surely he'd be a friendly audience and most likely to give them the answer they desperately want. But my money is they won't. Because they know that despite being an ally, they know what his answer would be.
Note 1: AMA Member Safety Handbook, page 3, column 2
Note 2: AMA Member Safety Handbook, page 9, column 2