I believe we are confusing legality with recommendations. We're confusing controlled airspace with other airspace. If you're going to claim something is illegal please include a link to the law.
We regularly fly to heights of 3,000 feet and Beyond. All completely legal.
You do need to understand what is the law.
The FAA does not have authority over all airspace from the ground up.
Fair enough. Yes, I should have included my links. I think you are referring to the FAA guidelines. But I totally agree that this young drone enthusiast should look for proof, and not rely solely on what you, or I, or anyone else claims is, or is not the law. As I give you links to the law, as I understand it, perhaps you could give links to the lack of law, as you understand it.
Firstly, I can find no law limiting you altitude, with the exceptions of the catch alls of giving way to manned aircraft, or endangering the national airspace, and the AMA saying you should not exceed 300' within 3 miles of an airport without notifying them. . So I have no argument with you flying up to 3000' as long as you are not near an airport, have your drone in sight, and obey the catch alls.
So, here we go:
Section 336 of the FAA MODERNIZATION AND REFORM ACT OF 2012, on the 6th page of this link is the portion of interest. This is a law which says what I think you were referencing above, the FAA cannot regulate drones flown for hobby. But it doesn't stop there. The congress went on to define what you have to do to be considered under the "hobbyist" clause. Among those are to follow a set of safety guidelines established by a "national community based organization". The only organization that anyone can find which fits this discussion is the AMA. If you can find another, please post it here. You don't have to be a member of the AMA. I am not a member. But you have to follow their safety guidelines to be a hobbyist. At the top of the next page, you can see where the law goes on to say "(2) flown within visual line of sight of the person operating the aircraft". The VLOS restriction is in the AMA guidelines, AND separately in the law. If you don't operate by VLOS which is one of the factors that defines a hobbyist, you fall under FAA Part 107, which is subject to all the FAA regs that go with it. And the FAA can, and does go after hobbyists who violate the safety of the airspace, or conflict with manned aircraft.
https://www.faa.gov/uas/media/Sec_331_336_UAS.pdf.
AMA Safety Code:
https://www.modelaircraft.org/files/105.pdf.
Addressed above. I have seen one poster here say this is way out of date, because it still addresses control line flying. It is not out of date, it is just trying to address all model aircraft pilots. Believe it or not, people still fly control line flying control line models.
I have also seen claims that Sec 336 is not law, or is unenforceable. So I will show the link to this info on it becoming law.
H.R.658 - FAA Modernization and Reform Act of 2012112th Congress (2011-2012)
LAW
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Sponsor: Rep. Mica, John L. [R-FL-7] (Introduced 02/11/2011)
Committees: House - Transportation and Infrastructure; Science, Space, and Technology; Judiciary
Committee Reports: H. Rept. 112-29,Part 1;
H. Rept. 112-29,Part 2;
H. Rept. 112-381 (Conference Report)
Latest Action: 02/14/2012 Became Public Law No: 112-95. (
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Roll Call Votes: There have been
15 roll call votes
Tracker:
This bill has the status Became Law
H.R.658 - 112th Congress (2011-2012): FAA Modernization and Reform Act of 2012
Here is an article on the FAA's fines by enforcing the law on 24 people with most fines ranging from several hundred to several thousand dollars.
The FAA Gave Us a List of Every Drone Pilot Who Has Ever Been Fined.
Here are a couple more supporting links:
Fly under the Special Rule for Model Aircraft
https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_91-57A_Ch_1.pdf
OK. Your turn. Please post your links.