Comment by kelchm | Hacker News Reader

Comment by kelchm | Hacker News Reader

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> staying below 400 feet

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

FAR 101.41 (b) subsumes any such guideline as a regulation. AMA's see and avoid guideline says any flight expected to go above 400 feet requires a spotter, so if you don't do that, you're violating FARs. Operating an sUAS with autopilot (among other things) has its additional advanced flight system programming guidelines, which have a hard 400 foot ceiling when operating within 5 miles of an airport. This is legally identical to having a regulation preventing operation above 400 feet AGL.

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.

I disagree with your interpretation. Here is the exact verbage you are referencing from the AMA:

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.

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