Oh I'm not arguing that manned aircraft are the problem. I fully admit that the drone pilot was at fault AND I would have been right there with him! I don't typically fly that far away but I lose VLOS every flight. I'm not sure how you would know that it was a TFR AND worst of all, I would have also believed that staying under 400' would all but guarantee "safety". Forget where this guy is from, I believe there was an island? I could easily see myself on the island, taking some pictures oblivious to any potential danger. Keeping it well under 400' but again losing VLOS. I'm waiting for my beat down and to be told that I should do extensive flight path research before I fly my drone anywhere...
TFRs are posted on many aviation websites and it probably takes less than 5 minutes to do an internet search to see if there is a TFR in your area. You could also call any Flight Service Station (800) 992-7433 and ask a briefer the simple question, "do you show any TFRs in my area?"
IMO if you're going to get involved with this hobby, you will have to learn about the NAS.
Just so you know this happened over water roughly 3 miles off the coast of Brooklyn and about 3 miles from Staten Island.
If the guy had VLOS he "should" have seen the helicopter and got out of its way. Yes, you're going to lose VLOS on occasion and its at that point you need to take some action but IMO as far out as this guy was, he was deliberately flying beyond VLOS.
For the record, here's section 336 P.L. 112-95, Special Rule for Model Aircraft. This is the law was was the basis of current sUAV laws in the US. This is US Federal Law. (note my bold)
SEC. 336. <<NOTE: 49 USC 40101 note.>> SPECIAL RULE FOR MODEL
AIRCRAFT.
(a) In General.--Notwithstanding any other provision of law relating
to the incorporation of unmanned aircraft systems into Federal Aviation
Administration plans and policies, including this subtitle, the
Administrator of the Federal Aviation Administration may not promulgate
any rule or regulation regarding a model aircraft, or an aircraft being
developed as a model aircraft, if--
(1) the aircraft is flown strictly for hobby or recreational
use;
(2) the aircraft is operated in accordance with a community-
based set of safety guidelines and within the programming of a
nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds
unless otherwise certified through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of
the aircraft provides the airport operator and the airport air
traffic control tower (when an air traffic facility is located
at the airport) with prior notice of the operation (model
aircraft operators flying from a permanent location within 5
miles of an airport should establish a mutually-agreed upon
operating procedure with the airport operator and the airport
air traffic control tower (when an air traffic facility is
located at the airport)).
(b) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft who endanger
the safety of the national airspace system.
(c) Model Aircraft Defined.--In this section, the term ``model
aircraft'' means an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person
operating the aircraft; and
(3) flown for hobby or recreational purposes.