Sean-bumble-bee
Core User of DJI
Flight distance : 15997 ft
United Kingdom
Offline
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Since I am the one who commented on the rules in Canada I will say this.
Yes, prior to questioning you concerning the laws I saw that https://tc.canada.ca/sites/default/files/2020-06/2019-2020-AA-33_INFOGRAPHIC_EN_V8.pdf says "should" and yes, that is ambiguous but do you honestly, hand on heart, believe that "should" is not meant to be read as "must".
If the answer to that is ''Yes, you do honestly believe that'', don't you think it a bit strange that an advisory document, published by the relevant authority, does not specify the circumstances in which it was acceptable to fly above 400ft AGL and or BVLOS? I do. I don't think my being British presents the slightest impediment to my understanding the rules.
Would you be prepared to risk the legal fees and possible fines in trying to argue, before the relevant authority, that, in the applicable sense, "should" does not mean ''must'' and that it was perfectly legal and niether reckless nor hazardous to fly in airspace that is possibly legal airspace for manned aircraft?
More to the point, are you happy to risk the lives of the occupants of manned aircraft just to satisfy your presumed rights because of an ambiguity in the wording of a document?
This may be of interest https://mavicpilots.com/threads/ ... d-24-jun-22.127667/
You may be able to afford the legal fees of arging you 'rights' for an uneventful flight but could you afford the cost if you caused the crash of a manned aircraft? Do you think the ''should'' argument would carry any weight in such circumstances?
Could your conscience afford the cost of causing a manned aircraft to crash?
Since you did not argue that you COULD see the drone I assume that the drone was beyond the range of your eyesight.
If correct, I rhetorically ask. At those heights and distances could you have judged whether of not the drone was a threat to a manned aircraft in that general area? I would say no and guess that about all you could honestly say was that the drone was somewhere off in 'that' direction.
I have lost sight of a drone before and brought it back under, with one exception where I was metaphorically pooping myself all the way down, 400ft, either by using the screen or RTHing it and I have very rarely got it back in sight before it was well within my VLOS. Indeed, often where I was looking for it was nowhere near where it reappeared, most times I spotted it with 'peripheral' vision.
With regards to the site to which you provide the link.
I have read it, it seem very good, and will re-read it, but the impression I get is that, whilst the author thinks that it is legal to fly a micro drone above 400ft AGL in Canada, he thinks it unwise to do so.
Like wise he thinks one should keep a drone in VLOS.
And that one should not ''operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person."
All I suggest is that you think of the safety of others first and foremost.
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