Originally Posted by
Vag277
101.075 Operation near aerodromes
(1) A person may operate an unmanned aircraft at an altitude above 400 feet AGL within 3 nautical miles of an aerodrome only if:
(a) the operation is permitted by another provision of this Part; or
(b) permission has been given for the operation under regulation 101.080.
Penalty: 25 penalty units.
...
101.085 Maximum operating height
(1) A person may operate an unmanned aircraft above 400 feet AGL only:
(a) in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same class as the aircraft concerned, and in accordance with any conditions of the approval; or
(b) as otherwise permitted by this Part.
Could someone please parse a legal interpretation of 101.075(1) for me please? To me it seems there is an "and" or an "or" missing in the sentence. The way I read it is "at an altitude above 400 feet AGL
and within 3 nautical miles" because to read it as "or" is to add a blanket 400ft restriction where this is dealt with in other areas of the regulations and .075 is a specific restriction for aerodromes.
Also, please tell me why 101.400(1) doesn't effectively give the permission required in part 101.085(1)(b) to fly a model aircraft above 400ft outside an approved area.
A person may operate a model aircraft outside an approved area above 400 feet AGL only if he or she:
(a) keeps it in sight; and
(b) keeps it clear of populous areas.
If CASR101 were C code, it would not compile.