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Old 04-29-2009 | 09:35 PM
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Silent-AV8R
 
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From: Orange County, CA
Default RE: Who's right or wrong?

From the Federal Aviation Regulations (FAR):

Sec. 91.119

Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the Administrator.

Beyond that, in every single case that I have ever heard of the full size, man carrying aircraft is considered to have the right of way. And as a pilot myself, I cannot even begin to tell you how hard it is to see a model aircraft in flight. I've been in situations where we were trying to see models that we knew were there and still had a hard time!!