I'd like to comment on this but let me take a minute for a brief introduction. My AMA number is 12192. I've been flying model planes since I was 5 years old, 53 now. I fly something virtually everyday. I fly everything from helicopters to IMAC planes, with a primary passion of sailplanes. Just got done flying my helicopter and a small aerobatic electric. I am an AVP for District X of the AMA and have held this position for over 25 years and have been awarded a Distinguished Service award. Also a CD, leader member and have held Officer positions in several different clubs. That was my model background. Now for the important stuff.

I am a Commercially rated fixed wing and helicopter pilot with Instrument ratings in both. I built my own Van's RV 7 that I have flown nearly 500 hours all over the US. After retiring from a career in public safety, I am now employed flying medical helicopters in the Phoenix area. I have nearly 3000 hours of helicopter time and current in a variety of piston and turbine helicopters. My current aircraft is a Eurocopter Astar 350B2.

Please read carefully, model aircraft NEVER have the right of way over a full scale aircraft. NEVER, EVER. I don't have time to pull the regs (FAR's) at this moment, actually my books are at work. It doesn't matter where the helicopter was, why it was there or what altitude, it has the right of way. The helicopter can fly at any altitude it wants as long as it can affect a safe landing. Yes, aircraft are supposed to be at a given altitude over people or structures, but he would have to know you were there. Without knowing the geography there and other details (the "rest of the story") it is not prudent to speculate if that would have been possible. I can tell you that if cruising at a low altitude at a reasonably high speed, is not difficult to exchange that airspeed for altitude in order to do a successful emergency landing. I will not make excuses for the helicopter pilot, because he may have been at an unreasonable altitude, I don't know. Despite that, the helicopter has the right of way. Further, our model aircraft are not, and will likely never be, classified as a UAV by the FAA. This a completely different animal altogether.

I don't want to dispute your side of the story, but I find it somewhat hard to comprehend why you couldn't hear a helicopter coming. There are no helicopters I know of that can out run their own sound, especially if it was a news channel, likely flying a Bell Jet Ranger or Eurocopter Astar. Neither are exactly stealth. You should be able to hear it for some distance that allows you to get out of the way and/or land.

Now the solution. You will get nowhere if you call the TV station in anger or try to report the event to the FAA. It is likely you'll be the one explaining. Modelers are their own worst enemies sometimes. So, contact your local AMA representative(or club president if an AMA rep is not in the immediate area) and have him contact the TV station and other potential full scale operators to let them know of your flying site(s). This way you'll look like the good guy, they'll be educated and everyone will be safe. It is also prudent to have a safety person standing with you to alert you of full scale aircraft, other models and other potential distractions. This is required by many model clubs in my area.

In closing, I clearly have interests on both sides of this argument. With knowing all the facts I cannot comments on the specifics. Not withstanding this, the fact remains, the model NEVER has the right of way!!!

Darwin N. Barrie
Chandler, AZ