Let's start with thank goodness nobody was hurt.
I struggle actually seeing my Mavic at 1,500 ft away, and I doubt that anyone has the visual ability to see a drone at 12,500 feet away. DJI's combination of well made drones and highly functional (compared to most other consumer drones) software "allows" us to fly out at crazy distances with "confidence" relying solely on the screen of our tablet/phone. We shouldn't do it. Period. It's illegal and I'm sorry, but relying on the computer in your UAS talking to the computer in your remote talking to the computer in your phone is begging for a problem. My Mac and iPhone are EXTREMELY stable, but they both hang up on me on occasion.
Yes, the UAS operator was CLEARLY at fault, but, the UAS operator was at 300' AGL over the ocean. If the helicopter was at 500' AGL (as was originally reported) this all would have been avoided. (I had suspected that the helicopter was below the 500' originally reported and the final report confirms this.)
Although I was relieved that the drone was below 400' (at least on this flight), the NUMEROUS other reckless behaviors of the UAS operator totally negate the one thing he was doing legally. Again, thank goodness nobody was killed or hurt. Maintaining a safe altitude does not make up for:
Flying in a TFR
Flying beyond VLOS
Not maintaining situational awareness of your craft in congested airspace
However, had the UAS pilot limited his flight to 1000' from where he started and stayed at 300' AGL, he still could have been hit by the helicopter. He would have been out of the TFR, within VLOS, and below altitude limits. (And of course he could have heard the helicopter and could have taken evasive action.)
I know that helicopter pilots will not agree with what I am saying, but, there are way more UAS's then helicopters out there and we need to establish a separation. Keeping drones below 400' and manned aircraft above 500' could prevent a tragedy. Can we please limit helicopter and plane flight to > 500' AGL unless landing or taking off (or in VERY limited other exceptions). I know you want to fly below 500' and I certainly want to fly above 400', but let's both make compromises and keep everyone alive , unhurt, and damage free.
I get nervous when I hear (let alone see) a private plane or helicopter when I'm flying my Mavic, and I will typically drop to <100' until I ascertain fully whats going on. I've never seen a small plane below 500' (except on take off or approach), but I've personally seen helicopters (military and private) buzzing busy beaches at 100' (+/-) and this was over people in the summer. I doubt that the Navy chopper flying OVER Virginia Beach in July at 100' AGL pitching side to side was on a "national security operation".
All of this is fantasy musing on my part, because reckless operation of a UAS resulting in a collision with a manned aircraft will not serve to further restrict manned flight, but will no doubt be the poster child for further UAS restrictions.
It's another sad day to be a UAS operator.
Peter T.