As much as the FAA would love to regulate model aircraft, the guidelines generally don't apply. When they recently tried to enforce the rules (suing because a radio controlled meter-long craft was not piloted by an FAA-certified pilot) they were challenged in court - and lost.
There has been ONE case where the FAA actually tried to sue a model aircraft pilot in the past.
It is still going through the appeals process, but it doesn't look good for the FAA. It lost the case in a summary judgement that completely emasculated the FAA's claims on regulating model aircraft.
The judge basically reviewed the regulations and the definitions. None of the FAA policies appear directed at these small craft. All the regulations the judge found were discussing large, manned craft, or large unmanned craft, or large experimental aircraft. The law they rely on for their authority are based on large craft, and the current actual regulation for the smaller model aircraft is a simple safety guideline asking (not requiring under law) that certain polite behavior be followed, such as flying away from airports and under certain heights.
The judge found in the summary judgement that the FAA rules are regulations are built around certified pilots with so many hours in flight school, filing flight plans to ensure the craft do not interfere with military and commercial airlines, and tend to refer to large aircraft requiring airports and runways and high altitudes ... and they say nothing specific about model craft.
And of course, the judge noted, all the FAA guidelines and requirements mandated that the person operating a little 2-stick remote control have an FAA license with mandatory in-air flight time, noting it as being a nonsensical requirement for model aircraft. The summary judgement had little gems like calling the FAA guidelines "incompatible with the law", not "binding upon the general public",
The trial court judge also ruled that FAA policy notices are not binding law generally. As much as the FAA keeps claiming on their publications and policies that their word is the absolute law, the judge felt it was not. In part, any government mandated official policy has a bunch of requirements about comment periods, minimum time between posting and effectiveness, etc., and the FAA does not follow the legal requirements. It may be policy internally within the FAA, and the FAA can challenge FAA-certified pilots with violations that suspend their license, but it doesn't look the FAA currently has any jurisdiction on model pilots. Of course, as mentioned, appeal is pending, but it is improbable to succeed.
I cannot, in any way, fathom the appeal courts accepting that every person flying a model aircraft must have an FAA-issued pilots license, file flight plans for their model aircraft, notify ground control at the inception of flight, maintain radio contact with FAA systems, and so on. Every little kid with a little battery-powered glider would be facing enormous fines, payable to the FAA's general fund. There is no way that is happening.