They were flying in a remote area, low to the ground. If it wasn't by an airport and below 400 feet, I'm not sure there was any wrong-doing on the drone's part. Sometimes they're called 'accidents' aka s* happens.
§107.23 Hazardous operation. No person may: (a) Operate a small unmanned aircraft system in a careless or reckless manner so as to endanger the life or property of another;
§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.
I mean come on. If there is an accident someone made a mistake. And if the regulations don't make clear who did what wrong, then the regulations have a mistake in them and need to be extended or clarified.
As someone that has spent a lot of time flying model sailplanes, I want to point out that there is no regulation which prevents a hobbyist from flying above 400ft AGL, as long as you abide by the guidelines established by the AMA or another "nationwide community-based organization".
The FAA boils everything from section 336 (the "Special Rule for Model Aircraft") as follows:
- Fly for hobby or recreation ONLY
- Register your model aircraft
- Follow community-based safety guidelines and fly within the programming of a nationwide community-based organization Fly a model aircraft under 55 lbs. unless certified by a community-based organization
- Fly within visual line-of-sight
- Never fly near other aircraft
- Notify the airport and air traffic control tower prior to flying within 5 miles of an airport
- Never fly near emergency response efforts
If you violate the applicable community guidelines, you're violating FARs. That's what this part says.
And then there is the catch all FAR 101.43, which is a big black hole of liability that you can also easily run into if you're unfamiliar with the national airspace system and your surroundings. If you fly a sailplane or m/sUAS above 1200' AGL in a published victor airway (this is Class E airspace), I'd argue that's a clear altitude violation of this regulations.
A spotter should be used to assist in monitoring the surrounding airspace for manned aircraft whenever a flight is expected to exceed 400 feet above the ground and that operation is expected to be in proximity to known manned aircraft traffic such as at a mixed-use facility or within three miles of an airport. The spotter must have sufficient visual acuity and be mature enough to take this responsibility very seriously.
So unless you are operating at a mixed-use facility or within three miles of an airport, you do not need a spotter to fly a model aircraft above 400ft AGL.
Yep the instructor smacked the chopper into a bush/tree/etc. The drone didn’t cause the crash, the instructor’s reaction caused it. We don’t know enough about what happened to know how far away and what actions the drone took which caused the instructor to panic (and overreact?)
"In the Charleston incident, the student was practicing low-altitude hovering in a remote area, according to the police report. As she turned the aircraft around to continue the lesson, a small white drone appeared, the instructor told police."