I beg to differ with you on that, there is a set 400 ft limit within 5 miles of an airport and VLOS is the hard limit.. While I may be Canadian I do read and understand American. If you read the rules not from the FAA but the Government one. It defines what a model airplane is and what a recreational pilot is.
With the passage of the FAA Modernization and Reform Act of 2012 (PL 112-95) , Congress set aside further regulation of model aircraft provided, “the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization. (Section 336, Special Rule for Model Aircraft.) Under Section 336, AMA members can operate their model aircraft within the boundaries of AMA’s safety guidelines and programming.
Confirmed by the AMA in the following letter;
FAA Acknowledges AMA as a CBO and our Safety Program
Our hobby has faced many challenges this year as we address an increase in government intervention and proposed regulations. AMA has been aggressively advocating for our hobby, and during the past few weeks, we’ve been happy to report successful progress.
Today, our members have yet another AMA government advocacy victory to celebrate.
There has been confusion among our members as to whether operations above 400 feet are permitted by the FAA. AMA has remained steadfast that the Special Rule for Model Aircraft (Section 336 of the 2012 FAA Modernization and Reform Act) permits operations above 400 feet if conducted within our safety program requiring the pilot to be an AMA member, to avoid and not interfere with manned aircraft, and to keep the model in visual line of sight of the pilot/observer. It should be noted that the AMA Safety Code requires model aircraft to remain below 400 feet above the ground when within 3 miles of an airport unless there is notification or an agreement with the airport that allows models to safely go higher.
In January of this year, the AMA requested that the FAA clarify the 400-foot issue in writing. We are happy to share that in a recent letter to the AMA, the FAA recognized AMA’s role as a community-based organization and acknowledged our safety program, including allowing flight above 400 feet under appropriate circumstance.
In this letter, dated July 7, 2016, the FAA states:
“…model aircraft may be flow consistently with Section 336 and agency guidelines at altitudes above 400 feet when following a community-based organization’s safety guidelines.”
“Community-based organizations, such as the Academy of Model Aeronautics, may establish altitude limitations in their safety guidelines that exceed the FAA’s 400 AGL altitude recommendation.”
Essentially, this letter confirms that sailplanes, large model aircraft, turbines, and other disciplines can responsibly operate above 400 feet if the AMA member is operating within our safety programming. Equally important, the FAA again acknowledges AMA as a community-based organization.
This victory falls on the heels of other successful AMA efforts, including an AMA member exemption from the FAA’s Final sUAS Rule (Part 107), the removal of problematic text in the 2016 FAA Reauthorization Bill, and preserving the Special Rule for Model Aircraft through 2017.
These successes do not transpire easily and our advocacy efforts are not over. We will continue to work with the FAA toward reducing the burden of registration requirements on AMA members. Throughout the next 14 months, we will continue to work with Congress toward a long-term reauthorization bill that will further strengthen the Special Rule for Model Aircraft.
We want to extend our appreciation to all of our members and donors for your support throughout this process.
So, firstly, you must be a member of the AMA or another nationwide community-based organization, which by the way, the only one approved to date is the AMA and secondly, you must follow their rules
Now if we read the rules updated by the AMA as of 2018 and you will see this. "Models using advanced flight systems allowing for automated or pre-programmed flight are permitted by AMA, provided the pilot remains in direct control and flies within visual line of sight. In such operations, the modeler must be able to override the automated and programmed features at all times. The specific automated functions allowed for this type of model operation are listed in this guidance document: I just jump to the really important section.
4. Range, Separation, Altitude, Weight, Speed
a) Range—flight range of sUAS is limited to VLOS of the pilot/operator.
b) Separation—AMA pilots should maintain the flight path of their sUAS at safe minimum separation distances from pilots, helpers, spectators, vehicles and structures as follows: 4.4 pounds or less and Park Pilot model aircraft not exceeding 2.0 pounds should maintain a minimum separation of 10 feet from pilots/helpers, 25 feet from spectators, and 50 feet from vehicles/structures. greater than 4.4 pounds should maintain a minimum separation of 25 feet from pilots/helpers, 60 feet from spectators, and 80 feet from vehicles/structures.
c) Altitude—Maximum altitude of sUAS is limited to 400 feet above ground level (AGL) when within 5 miles of an airport.
d) Weight—sUAS are limited to a maximum flying weight of 55 pounds, unless in compliance with AMA’s Large Model Airplane program (AMA document #520-A). e) Speed—model aircraft utilizing an onboard autopilot system for automated flight are limited to a maximum speed of 100 mph.
That my dear American friends is it in a nutshell while there is an actual 400 foot limit within 5 miles of an airport VLOS is the key, how far away can you identify your Mavik and it's orientation and direction of flight.
Here is both the AMA rules and the document for Models using advanced flight systems.
http://www.modelaircraft.org/files/100.pdf
http://www.modelaircraft.org/files/560.pdf