Why in boats does the lowest powered or slowest craft have right of way,
Thats not actually true or how it works.
but a drone has to give way to a much faster helicopter flying below 400'?
Because the chance of a drone user seeing a big, noisy manned aircraft is a hell of a lot higher than a manned aircraft seeing a tiny, inaudible drone passing by at 100kts+
It just seems to me like drones are not going away; and there is already a super super easy way to avoid accidents: don't fly within 5 miles of airport, and fly below 400'. Outside of 5 miles airplanes are above 400', so it's almost impossible to have an accident.
Plenty of aircraft are allowed to fly below 500ft as part of the flight, mission or tasking. So its quite possible to have an accident.
Then we put in place an easy way for drones to notify their current flight location (like airmap app) and an easy way for planes and helicopters to broadcast something like a temporary notam for crop dusting and ambulance flights. Then we just need new helicopters to stay above 400.
Plenty of things that arent crop dusting and ambulance also operate at or below 500ft completely legally. I also wouldnt expect a pilot to be continuously hammering "refresh" on his mobile phone all flight just in case someone fancied flying a drone along his flight route.
Again going back to slowest moving craft, the helicopter can out run the drone. Sure at the limits of Los you say hey the drone pilot was negligent but what is the limit? If a helicopter can buzz the beach at 50' high, for example...
The limit is quite simply - the unammed operator is responsible for maintaining separation and avoiding collisions. If he is unable or unwilling to do that he should choose to not make the flight in that area. Any offences the helicopter commits are completely independent and investigated as such (flying a drone 50ft over a crowded beach would be an offence in most countries too!).
But leaving it such that helicopters have no limits and you have to always avoid them, doesn't seem like the brightest solution, when we could easily put a new limit for both pilots. Safety is super important.
Well there is a solution - check before flying the drone, stay under 400ft and *maintain VLOS and a lookout*. The place in this video has tons of media and tourist helicopters buzzing the beach every day. Anyone whose been there more than 5 minutes would be aware of that and should factor that into the decision to fly or not.
And I'm torn because I think it's important to encourage sharing near miss accident as long as the sharer learned something and changes their behavior, and punishing them could have the effect of reducing sharing instead of reducing the risky behavior.
There is no point in law unless its enforced and sanctions are dished out. Punishing the idiots in a very public way and in a way they feel it (large fines, confiscation of equipment etc) should help deter other idiots doing the same.
Drones are tolerated in the airspace generally at the moment but with that comes responsibility. If people cant play nice with that, they'll get banned.