On Mon, Jan 17, 2005 at 05:27:02PM -0500, John Derstine wrote:

| How would the average modeler ever know about a given local FAR, NOTAM,
| etc? law or not it is not likely we would be aware of said regulation.

`Ignorance of the law is no excuse.'

Like it or not, some NOTAMs do seem to be applied to to model
aircraft.  If the President is in town and they've said no flying
within 20 miles, you'd probably be better off not flying, even R/C,
within 20 miles.

Now, you could go ahead and fly, and maybe nobody will notice, or
maybe the police will come and violate some of your civil rights.
Legal or not, you'll still be in jail, your plane impounded, and
you'll have your day in court.  You may end up winning, with the judge
ruling that the NOTAM or whatever doesn't apply to you -- but you may
very well lose too.  And even if you win, it'll cost you money and
give the hobby a bad name.  It's a lose/lose situation.

| Some folks, policy mongers and bureaucrats, will argue the letter of the
| law ad nauseum.

So, what you're saying is that somebody who looks carefully at the
letter of the law is a policy mongers and bureaucrat?  I don't suppose
you could be somewhat more condescending -- could you?

However, with regards to the document that Jim provided a link to,
this does not look like a law -- it looks like a set of guidelines
with no legal weight.  (And by saying so, I guess that makes me a
policy monger or a bureaucrat?  hah!)  Not that I'm a lawyer, policy
monger or bureaucrat.  Since it doesn't really look binding, I'll
continue flying over 400' when I feel it's appropriate.

| In many ways it is similar to the FCC, lots of rules and laws and no
| way to possibly enforce most of them. Some guys are afraid to change
| modules in their transmitter for fear of breaking some FCC reg.

Actually, changing modules is allowed.  It's changing transmitter
crystals that's not so certain.  (Not that this is an invitation to
dredge up this argument again.)

| Just don't get caught doing something really stupid. Fly with
| reasonable care, and know your location.

Sounds reasonable.  However, accidents happen, and suppose that
somebody was killed by an out of control R/C plane (it has happened,
after all) and it was determined that the crystal on the transmitter
was swapped by the end user, when the FCC prohibits this?  Or that a
NOTAM was ignored, because it was believed not to apply to model
aircraft?

| We have lost enough of our civil liberties, let's not invent ways to
| limit our activities.

OK, there I agree.  But while I may not tell you what you can't do,
that doesn't mean I won't decide for myself what's not smart to do for
whatever reasons (safety, technical, political, legal, etc.)

| That will come of it's own accord eventually.

Maybe.  Maybe not.

| After all, the AMA official flying site is immediately adjacent to a
| full scale airport. Not three miles. Go figure that one out.

Does sound like poor planning, doesn't it?

| We were shut down from flying XC at the NATS this year because of a
| complaint from the airport staff. Several guys were flying directly
| in the pattern.

That sounds pretty stupid, doesn't it?

If I see a full scale plane anywhere near where I fly, I get the hell
out of his way.  Perhaps legally I have as much right to be up there
as he does, perhaps not, but I'm certainly not going to make an issue
out of it.

| We moved to the other side of the AMA site (still not three miles)
| away, and were flying well over 3,000 feet in some instances.
| Should we ask the FAA if that was OK?

If you're concerned that a NOTAM prohibits it, I'd suggest getting the
FAA to clarify their position.  The AMA rules do require notifying the
airport operator when operating that close to an airport -- I assume
that this was done for the Muncie site.  They also require yielding
the right-of-way and avoiding flying in the proximity of full-scale
aircraft, utilizing a spotter when appropriate -- which seems entirely
appropriate as well.

-- 
Doug McLaren, [EMAIL PROTECTED]
Aah, change is good. -- Rafiki
Yeah, but it ain't easy. -- Simba
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