Andy_RR
Excluding hazardous operation isn't the same thing as excluding operation. The very existence of a UAV in airspace isn't a hazard because the pilot (in open airspace) also has a duty to see and avoid. You are drawing long bow in your interpretation, perhaps in an attempt to prove you were right.
And from this statement you are making an assumption that the pilot of a potential manned aircraft knows the UAV is there. To place the burden on the manned aircraft’s pilot to “see and avoid” is a cop out by you to try and shift the burden of responsibility. It is one think to “see and avoid” another manned aircraft. It’s completely another thing to expect him/her to “see and avoid” something that is the size of a flee. The mere fact that 99.9% UAV operators, commercial ones being the exception can’t advise a potential manned aircraft’s pilot of its presence makes it a hazard, period.
Now the other problem with your argument is that to fly ≤400ft in CTA, is that the UAV will most likely be in violation of 101.025 and 101.075 simply because where these types of airports are located and the dimension of CTA around these airports.
101.025 Meaning of populous area
For this Part, an area is a populous area in relation to the operation of an unmanned aircraft or rocket if the area has a sufficient density of population for some aspect of the operation, or some event that might happen during the operation (in particular, a fault in, or failure of, the aircraft or rocket) to pose an unreasonable risk to the life, safety or property of somebody who is in the area but is not connected with the operation.
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.
(2) A person may operate an unmanned aircraft over an area mentioned in paragraph (3)(a) or (b) 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.
(3) The areas for subregulation (2) are:
(a) a movement area or runway of an aerodrome; and
(b) the approach or departure path of a runway of an aerodrome.
(4) A person must not operate an unmanned aircraft in such a manner as to create an obstruction to an aircraft taking off from, or approaching for landing at, a landing area or a runway of an aerodrome.
If you want to operate an unmanned aircraft in CTA ≥400ft then you will have to abide with 101.070
101.070 Operation in controlled airspace
(1) A person may operate an unmanned aircraft above 400 feet AGL in controlled airspace only:
(a) in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same kind as the aircraft, and in accordance with any conditions of the approval; and
(b) in accordance with an air traffic control clearance.