Am I wrong that the "stay below 400' AGL" rule is just a guideline and not a rule for those operating recreationally? This is commonly considered as a "rule" within the community and media... but I believe this is just a misconception.
Here is why:
First of all... all mentions of the 400' AGL "rule" alongside other "rules" on official FAA websites list them as "guidelines".
But onto the legal explanation: In 2012 congress passed public law 112-95 Section 336 "Special rules for certain unmanned aircraft systems." See page 67. It states that as long as you are operating under the following rules, the FAA may NOT make any future rules regarding said model aircraft :
- Operating recreationally. (So this does NOT apply to those operating commercially. Thus the FAA can makes rules... resulting in FAA part 107 which includes the 400' AGL requirement among other rules)
- Operated within a community based set of safety guidelines. (The AMA is the most common one. Their safety code only requires you fly under 400' AGL if you are within 3 miles of an airport.) - Under 55 pounds
- Operated in a manner that does not interfere with and gives way to any manned aircraft - When flow within 5 miles of an airport, notifies the airport of your plans (If the tower objects with a legitimate reason the FAA considers this endangering the NAS (National Airspace System) and thus you are breaking the law.) - It is also noted in the definition of the "Model Aircraft" that it "...is flown within visual line of sight of the person operating the aircraft" So in order for you to be exempt from any rulings of the FAA, you must be operating within those parameters. Essentially these are your rules. However this does not apply to airspace requirements that apply to all type of aircraft, such as TFR's (temporary flight restrictions).
The FAA has acknowledged section 336 in this statement. The document explains FAA's interpretation of the vague section 336. The only mention of 400' AGL in this document is a mention of a "recommended set of voluntary operating standards" listed in 1981 in the background explanation of the document. The document further clarifies each of the section 336 requirements, but does not interpret the law in such a way that requires the aircraft to stay under 400' AGL.
I am not saying that you should just blow off the < 400' AGL guideline without being careful and being aware of nearby aircraft. That would be endangering the NAS which section 336 of course does not permit. And it would be stupid. What I am saying is that it is perfectly legal to fly as high as you want as long as you are maintaining line of sight, watching out of other aircraft, and not entering some kind of restricted airspace.
This is all to my understanding after doing quite a lot of research, but if I am wrong about any of this please tell me. I'd love to learn more.
EDIT: Another user found this interesting letter FAA basicly confirming everything here: http://amablog.modelaircraft.org/amagov/files/2016/07/FAA-400feet.pdf
On another note... I'm pretty sure that any state, local, or business laws, ordinances, or rules forbidding drones from flying within their airspace conflict with federal law as the FAA has jurisdiction over all airspace. The states, cities, and business do not. However, they can say that you are not allowed to operate (take off and land). Although I am finding this harder to prove. Interested in what others have to say about this.
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