Peter,
That's a regulation, not a statute.
Breaking a regulation is only enforceable if you fall under the regulatory aegis such as a licensed pilot.
That's simply wrong.
when Congress passes any legislation that is the law. Once a Law is in place it's up to the Agency responsible for enforcement of laws Congress passes to write Regulations in order to inform the public, describe the way the law is to be enforced and all that is put into the Code of Federal Regulations and in the case of the FAA into the FAR's. That's just the way its been done for ions. Laws may carry criminal penalties and regulations civil. The names may be different but you better believe Regulations are enforceable through civil penalties and there are way to cross the threshold into a criminal violation.
The The Federal Aviation Administration Modernization and Reform Act of 2012 IS Public Law No. 112-95, Section 312.
I assume you are part of the public. In this law Congress defined "aircraft" to INCLUDE unmanned aircraft systems. That's what they're calling them not drones, UAV's, RC models, Radio controlled plane etc. If it flies and you're controlling it it's a UAV.
The FAA's position is, even if you are an unlicensed hobbyist you are not relieved of the responsibility to follow guidelines when operating your “model aircraft” inside the National Airspace System (NAS). Part of the act includes language that operators must maintain "line of sight" and be in a position to "see and avoid" all other air traffic. Additionally, you may not receive compensation for any flight otherwise you will not be considered a modeler or hobbyst but rather a commercial operation and there is currently no license for this category.
Since we now know that our Phantoms are defined by the government as "aircraft" and since Part 91 of the FAR's define how and when aircraft may operate in Class B airspace, if you launch your bird inside one of these control zones you are in violation of the FARs pilot license or not. Ultralights require no license to operate. Would you say if a guy flew his ultralight through a control zone he's not subject to fines and penalties?
I'm not here to get into a pissing contest Peter; or give an ATP ground school but some here are really under the wrong impression about how they can operate their Quads. I started flying in 1968 and retired recently off the 747-400 at a major Airline. I have over 30,000 hours in jets and flew AH-1G Cobra helicopters in VietNam and other unsavory places. I've served as a Standardization Instructor Pilot and Line Check Airman so, this is not my first rodeo. Just trying to save some folks some grief because some of you are going to get yourselves in a pickle eventually.