Not to be the drone Police but if I see a video that looks to be over 400 feet I am going to start reporting them. It is because of these people, there are so many rules and regulations that are hurting our hobby and because of the time and effort I put in to be legal I just don’t feel like my fun should be ruined by them.
How are you going to confirm those folks are not operating under Part 107? Just call the police/FAA regardless of what
and you have never done anything illegal I'll call BS right now.
Well, of course, virtually all of us have broken the speed limit on occasion. The penalties are far different, though, at least in my state: except for State Patrol, they are not allowed to pull over anyone unless more than 9 over (RADAR and even LIDAR are not necessarily calibrated perfectly, although even when they do (assuming there was no collision) the worst-case scenario is a few-hundred-dollar fine. I can’t speak to any other states but I’m not aware of any that routinely charge more than a large fine for speeding except in the most egregious situations of recklessness unless there’s a wreck (if there’s a wreck that changes things, both civilly and criminally).
If the FAA has probable cause/suspicion to investigate, you’re looking at forfeiture of the drone, a multi-thousand dollar fine ($5000 seems common), and loss or suspension of your certificate or ability to register a drone. You can challenge the administrative decision, but you’d probably spent a lot of money on a lawyer. FAA lawyers charge a lot more than traffic ticket lawyers.
I’m not saying one is better or worse than the other as far as offenses go (we could debate whether the much likelier possibility of speeding causing a handful of deaths vs. the very rare possibility of busting altitude causing somewhere between a handful and hundreds of deaths is more worthy of worse punishment, but that’s an argument above my pay grade). But that’s the law. And if you delete the logs, the feds 1) can probably recover them and 2) can figure out you deleted them and use that against you.
As for my answer to the original question, I certainly fly above 400 ft. when allowed and necessary. I was at 600 or so today shooting some electrical pylons and a couple of months ago, I went much higher for a specific commercial job. Both well within FAA limits for 14 CFR Pt. 107. I’d feel perfectly comfortable showing every log from every flight I’ve ever flown to an FAA investigator.