mstevens
lvl.2
Flight distance : 19078 ft
United States
Offline
|
DroneFlying Posted at 2017-3-21 02:17
In the US, by definition if your drone collides with a manned aircraft it is your fault
That's incorrect: your willingness to give way to another aircraft doesn't guarantee that a collision won't occur any more than it does in the case of two cars. And as I stated before, if you're flying at or below 400' and obeying the FAA's other guidelines when it happens, there's a high probability that the other aircraft is flying somewhere that it shouldn't and that you wouldn't be the one in trouble.
I never said that "willingness" to give way would guarantee no collision would occur. I said that because drone operators are always required to avoid interfering with manned flights, any collision between a drone and a manned aircraft will by definition be the responsibility of the drone operator.
No "willingness" is involved here. It's a requirement. The FAA is clear: for recreational UAV pilots, they "Must ALWAYS yield right of way to manned aircraft". That's not a "guideline".
It doesn't matter whether the manned aircraft is operating properly or not. If its pilot isn't flying correctly, that's a separate matter. A drone operator is always required to monitor for other aircraft while flying and always required to avoid them even if they're being flown by idiots. The aircraft pilot may be in trouble, but I guarantee you will be in trouble as well.
Here's an example: your drone collides with a manned hot air balloon during flight. It doesn't matter whether the balloon was where it was supposed to be, whether it was properly equipped, or even whether its pilot was licensed or sober. If you hit it, it's your fault and responsibility. You may or may not be charged with a violation. You may or may not be held liable for damages. You won't have much of a defense, though, if you're charged or sued.
I'm starting to notice that one difference between in-aircraft pilots and UAV pilots is that the former group are acculturated to take full personal responsibility for their actions and to know and follow the rules at all times irrespective of whether they agree with them, while the latter group seems to include many who spend a lot of time and energy explaining why they don't have to follow rules.
|
|