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compensation issue, my second last try.

 
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rvfltd(at)televar.com
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PostPosted: Sat Feb 18, 2006 5:00 pm    Post subject: compensation issue, my second last try. Reply with quote

I am very aware of what the rules say, and of how the FAA currently interprets them.  My point was only that this poorly written reg  will surly effect us all at some point and I don't think it is in our best interest (as a group) to just roll over without giving it our best shot.  Which I might add will cost you nothing.  So, if you will give me that small point without further list noise, I would like to see us proceed.  I know from our past history as a group we seem to be nearly incapable of coming to a consensus, so I expect this will be a uphill fight even within our own ranks.  But I am sure that writing a well worded letter and sending it to the other various other like minded groups which we believe would have an interest, just might give us the numbers we need to effect a change in the verbiage of the reg regarding compensation for static display.  The change might be as simple as moving the medical requirements from a second to a third class, or to a pvt and a 3rd class.  This is ONLY to accept compensation for the static display of his/her experimental category aircraft.  This would not effect performers that fly for hire, again this is JUST to allow compensation for the the static display of the aircraft. 
 
 
And please, those of you naysayers and self appointed pundants who plunder the list on a daily basis, most of you have already weighed in saying that I am pissing in the wind, so OK please leave it at that, and now lets try to do something as a group to help our community at large instead of fragmenting the group with further negative comments.  In short, if you don't have something constructive to say about this issue just shut the hell up!  If we could find even half as much time to devote to this issue as was spent on the list babbling about non productive issues we would be well on the way to getting our thoughts into a form that we could present to the other organizations, and from there to the AOPA and the EAA and hopefully if we could demonstrate the numbers, they would carry the issue to the FAA.  
 
I have no problem devoting the time and trouble to chair this project, but I will not do it without the help and co operation of the community at large.  Those of you that feel that this is a worth while project and wish to contribute their thoughts but don't like to use the list because of the rancorous comments, feel free to contact me off list or call me at the number below.  If I don't get ample reaction to this posting I will drop the idea. 
 
Doug Sapp
phone 509-826-4610
rvfltd(at)televar.com (rvfltd(at)televar.com)
 

  [quote] --


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Ernie



Joined: 11 Jan 2006
Posts: 513

PostPosted: Sat Feb 18, 2006 5:18 pm    Post subject: compensation issue, my second last try. Reply with quote

Doug,

I only bother reading posts by a select few people now, otherwise I
just hit the delete button based on topic or author. I have given up
on this list, hence my absence. I nominate you to draft this letter
which I will sign, since your literary prowness is beyond my
capabilities.

Ernie


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Frank



Joined: 10 Jan 2006
Posts: 69

PostPosted: Sat Feb 18, 2006 5:50 pm    Post subject: compensation issue, my second last try. Reply with quote

Doug
 
I'm on your side. What do you need to proceed? Money?.... You got it! ......Moral support? .....You got it!
 
To the other lurkers......... get off your dead asses and speak out to regain your freedoms! Help Doug in his efforts to promote aviation! Let those who are engaged in profit answer to the rules of the FAA.....in keeping with the spirit of their rules. But those of us who do it for fun shouldn't be hobbled with rules not designed for us. (personally. I despise government regulation.....but I have to live with it or I'll find a gun to my head by some well meaning but short sighted peace officer).
 
For cryin' out loud......let our expenses be covered so it will promote aviation! We aren't making a profit off of this stuff! If you want to make a profit then, hell, get your commercial.....I don't give a rats ass.
 
Look.......If I'm not making a profit, why shouldn't airshow organizers help pay for the costs of our being there? This isn't a business! It's only to help defray individual costs and help make aviation more available to everyone.
 
Jezzus H Krist......don't get me started........
 
Frank


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brian



Joined: 02 Jan 2006
Posts: 643
Location: Sacramento, California, USA

PostPosted: Sat Feb 18, 2006 6:16 pm    Post subject: compensation issue, my second last try. Reply with quote

On Feb 18, 2006, at 5:00 PM, doug sapp wrote:

Quote:
And please, those of you naysayers and self appointed pundants who
plunder the list on a daily basis,

I am glad to hear you like my posts Doug.

Quote:
I have no problem devoting the time and trouble to chair this
project, but I will not do it without the help and co operation of
the community at large.

Why do you need the support of the community at large? If you want to
change it, you should try to change it.

Quote:
Those of you that feel that this is a worth while project and wish
to contribute their thoughts but don't like to use the list because
of the rancorous comments, feel free to contact me off list or call
me at the number below. If I don't get ample reaction to this
posting I will drop the idea.

I will help if I can.

Brian Lloyd 361 Catterline Way
brian-yak at lloyd dot com Folsom, CA 95630
+1.916.367.2131 (voice) +1.270.912.0788 (fax)

I fly because it releases my mind from the tyranny of petty things . . .
— Antoine de Saint-Exupéry


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_________________
Brian Lloyd
brian-yak at lloyd dot com
+1.916.367.2131 (voice) +1.270.912.0788 (fax)

I fly because it releases my mind from the tyranny of petty things . . .
- Antoine de Saint-Exupery
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jon(at)email.net
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PostPosted: Sat Feb 18, 2006 6:55 pm    Post subject: compensation issue, my second last try. Reply with quote

Unfortunately, the way to change this is to get the issue in front of a
federal judge who's of a mind to take a natural law approach to this... a
strict constitutionalist and someone who's not so fond of so much
government. What does it take to find a judge who's willing to say to the
FAA, "Aren't you supposed to be ENCOURAGING flying?" Which means that
we'll need both luck and money on our side.

Jon

Quote:


On Feb 18, 2006, at 5:00 PM, doug sapp wrote:

> And please, those of you naysayers and self appointed pundants who
> plunder the list on a daily basis,

I am glad to hear you like my posts Doug.

> I have no problem devoting the time and trouble to chair this
> project, but I will not do it without the help and co operation of
> the community at large.

Why do you need the support of the community at large? If you want to
change it, you should try to change it.

> Those of you that feel that this is a worth while project and wish
> to contribute their thoughts but don't like to use the list because
> of the rancorous comments, feel free to contact me off list or call
> me at the number below. If I don't get ample reaction to this
> posting I will drop the idea.

I will help if I can.

Brian Lloyd 361 Catterline Way
brian-yak at lloyd dot com Folsom, CA 95630
+1.916.367.2131 (voice) +1.270.912.0788 (fax)

I fly because it releases my mind from the tyranny of petty things . . .
— Antoine de Saint-Exupéry




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dhanshew(at)cinci.rr.com
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PostPosted: Sat Feb 18, 2006 7:29 pm    Post subject: compensation issue, my second last try. Reply with quote

Count me in. I couldn’t agree more. I fly in the shows. Sometimes I sit static. This has always been a bone of contention within the warbird community at large. I understand they are protecting their turf, but in many ways it runs up the overall costs of organizations trying to host shows. Most airshows I’ve been acquainted with over the past two to three years finish 10-15,000 dollars in the red, simply because of the price of the heavy iron associated with pro-shows like “Planes of Fame”. Don’t get me wrong, it costs a lot of money to get a Hellcat, Corsair, Wildcat, Avenger, and Skyraider on site, but they still charge something like 50K for the whole shebang. You have to sell a lot of tickets to cover that cost plus fuel, cars and hotel. Most small shows can’t handle it. I’ve found that they like the Yak guys cause were cheap and get them a lot of bang for their buck. The overall Gas bill is light and the folks come to see planes flying and we can do that for dollars on the hour. Sadly, most don’t know a Yak-52 from a P-47. They come to see planes and hear noise. Conversely, we are the red-headed scum of WOA for that same reason. I can live with it. Sitting static should not require anything more than a straight-up pilots license and you should be comped’ gas and oil. If you want to fly in the show and get paid have a commercial, FAST (for formation), fire-retardant wonder bra, lifetime prescription to viagra, and a picture of Hillary glued face up in your seat pan as something that might provoke you to bail out in an emergency.
<![if !supportEmptyParas]> <![endif]>
-----Original Message-----
From: owner-yak-list-server(at)matronics.com [mailto:owner-yak-list-server(at)matronics.com]On Behalf Of doug sapp
Sent: Saturday, February 18, 2006 8:00 PM
To: yak-list(at)matronics.com
Subject: compensation issue, my second last try.
<![if !supportEmptyParas]> <![endif]>
I am very aware of what the rules say, and of how the FAA currently interprets them.  My point was only that this poorly written reg  will surly effect us all at some point and I don't think it is in our best interest (as a group) to just roll over without giving it our best shot.  Which I might add will cost you nothing.  So, if you will give me that small point without further list noise, I would like to see us proceed.  I know from our past history as a group we seem to be nearly incapable of coming to a consensus, so I expect this will be a uphill fight even within our own ranks.  But I am sure that writing a well worded letter and sending it to the other various other like minded groups which we believe would have an interest, just might give us the numbers we need to effect a change in the verbiage of the reg regarding compensation for static display.  The change might be as simple as moving the medical requirements from a second to a third class, or to a pvt and a 3rd class.  This is ONLY to accept compensation for the static display of his/her experimental category aircraft.  This would not effect performers that fly for hire, again this is JUST to allow compensation for the the static display of the aircraft. 
 
 
And please, those of you naysayers and self appointed pundants who plunder the list on a daily basis, most of you have already weighed in saying that I am pissing in the wind, so OK please leave it at that, and now lets try to do something as a group to help our community at large instead of fragmenting the group with further negative comments.  In short, if you don't have something constructive to say about this issue just shut the hell up!  If we could find even half as much time to devote to this issue as was spent on the list babbling about non productive issues we would be well on the way to getting our thoughts into a form that we could present to the other organizations, and from there to the AOPA and the EAA and hopefully if we could demonstrate the numbers, they would carry the issue to the FAA.  
 
I have no problem devoting the time and trouble to chair this project, but I will not do it without the help and co operation of the community at large.  Those of you that feel that this is a worth while project and wish to contribute their thoughts but don't like to use the list because of the rancorous comments, feel free to contact me off list or call me at the number below.  If I don't get ample reaction to this posting I will drop the idea. 
 
Doug Sapp
phone 509-826-4610
rvfltd(at)televar.com (rvfltd(at)televar.com)
 
 
-----Original Message-----
From: owner-yak-list-server(at)matronics.com [mailto:owner-yak-list-server(at)matronics.com]On Behalf Of ByronMFox(at)aol.com
Sent: Saturday, February 18, 2006 3:22 PM
To: yak-list(at)matronics.com
Subject: Re: Yak-List: compensation
While we all have a First Amendment Right to free speech, widely exercised on this list, the FAA grants us "privileges" to fly. We have no rights of any type where flight is concerned. So, the FAA says to receive so much as a sandwich as compensation for appearing at an airshow, we must hold a commercial ticket and a 2nd class medical. Thems the rules. Sorry, such is the nature of a privilege.  Don't you love semantics? ...Blitz


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dsavarese(at)elmore.rr.co
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PostPosted: Sat Feb 18, 2006 7:29 pm    Post subject: compensation issue, my second last try. Reply with quote

Count me in Doug.  You have my support.
Dennis
 
[quote] ---


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cd001633(at)mindspring.co
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PostPosted: Sat Feb 18, 2006 8:05 pm    Post subject: compensation issue, my second last try. Reply with quote

Same holds true for me, Doug!
 
Sam Sax
 

From: owner-yak-list-server(at)matronics.com [mailto:owner-yak-list-server(at)matronics.com] On Behalf Of A. Dennis Savarese
Sent: Saturday, February 18, 2006 10:08 PM
To: yak-list(at)matronics.com
Subject: Re: Yak-List: compensation issue, my second last try.

 
Count me in Doug.  You have my support.

Dennis

 
[quote]
---


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cduster(at)inteliport.com
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PostPosted: Sun Feb 19, 2006 7:39 am    Post subject: compensation issue, my second last try. Reply with quote

I think I am missing something here.  Isn't there an exemption for "sharing expenses"?  How they can think that a sandwich and some gas is compensation is beyond me.  What do the airshow organizers put on your W-1099 form?  Three sandwiches, two cokes, one room with a queen bed, thirty gallons of gas, use of one lawn chair with shade, etc.  Heck if the FAA is taking it that far, why isn't free admittance to an airshow compensation? Uh Oh, I probably shouldn't have typed that out loud.  Did the FAA get into the airshow for free?  Well along that line of reason, couldn't that be construed as accepting a bribe?  . Could a properly informed administrator reverse the interpretation of the regs?  

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cgalley(at)qcbc.org
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PostPosted: Sun Feb 19, 2006 9:25 am    Post subject: compensation issue, my second last try. Reply with quote

If you think that is bad, what do you think of getting busted for flying a warbird to an airshow without a 2nd class license?  Feds take was if you didn't own the plane and was flying it to the show, you need a 2nd class... Why? You got air time as compensation. 
[quote] ---


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viperdoc(at)mindspring.co
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PostPosted: Sun Feb 19, 2006 9:44 am    Post subject: compensation issue, my second last try. Reply with quote

If I own the warbird, am paying for the maintance, the fuel/oil and myself to fly to the show, I'll fight it. Also I have not contacted the airshow coordinators to request compensation, room and board or any form of compensation other than for my bird to sit in the static display area,I'll fight it. First by wasting my time with the FSDO and then it sounds like time for a congressional complaint if they do not reverse their decision. Either way, they are wasting mine and everyone else's time.
Doc
 


 
[quote] ---


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dsavarese(at)elmore.rr.co
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PostPosted: Sun Feb 19, 2006 9:56 am    Post subject: compensation issue, my second last try. Reply with quote

Unbelievable!   Don't misinterpret please.  That's carrying it way too far.  But, as long as they have the power and know it, they will continue to usurp it until someone of an even higher authority puts a stop to it.
 
Dennis
 
[quote] ---


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cgalley(at)qcbc.org
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PostPosted: Sun Feb 19, 2006 11:58 am    Post subject: compensation issue, my second last try. Reply with quote

BUT that has been the past history.
[quote] ---


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johnwcox(at)pacificnw.com
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PostPosted: Sun Feb 19, 2006 5:25 pm    Post subject: compensation issue, my second last try. Reply with quote

There was a precedent setting case adjudicated by the FAA legal division in DC about 12 years ago that clarified and set this in motion. 
 
There was a Private pilot operating a Cessna tow plane for his flying club (back in Nebraska, I recall).  He would fly without compensation, (sandwich or gas) for the chance to provide assistance of other members of his glider club seeking a tow to altitude.  The final interpretation was that those hours acquired by such action could not be used as logged “Aeronautical Experience in the seeking of an additional rating… hence Commercial”.  Conclusion – he would have had to expend monies to rent a plane and acquire such additional experience.  His reduction in expenditure = more money in his pocket at the end, by not buying the hours, so he was indirectly compensated and should not have used the logged entries in pursuit of the next rating.
 
He filed a lawsuit and the outcome generated an IRS tax ruling and an FAA policy change at the time that it was indeed a form of tangible compensation. His attorney failed to prevail. The side note was that he still got the Commercial many years later after paying to get the needed hours.
 
A properly informed administrator and his/her agents can indeed redirect, reinterpret or change such a legal department conclusion.  Marion Blakely had done a lot for GA but It has not happened since to my knowledge.  It had a big impact on some segments of GA activities.  Somewhere in my files I have the case law.
 
John Cox – former FAA DPE and now five years removed.
 

From: owner-yak-list-server(at)matronics.com [mailto:owner-yak-list-server(at)matronics.com] On Behalf Of cgalley
Sent: Sunday, February 19, 2006 9:24 AM
To: yak-list(at)matronics.com
Subject: Re: Re: compensation issue, my second last try.

 
If you think that is bad, what do you think of getting busted for flying a warbird to an airshow without a 2nd class license?  Feds take was if you didn't own the plane and was flying it to the show, you need a 2nd class... Why? You got air time as compensation. 
[quote]
---


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rvfltd(at)televar.com
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PostPosted: Sun Feb 19, 2006 6:28 pm    Post subject: compensation issue, my second last try. Reply with quote

John,
When you have time could you contact me off list please.
 
rvfltd(at)televar.com (rvfltd(at)televar.com)

Always Yakin,
Doug Sapp [quote] --


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L39parts(at)hotmail.com
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PostPosted: Mon Feb 27, 2006 7:26 pm    Post subject: compensation issue, my second last try. Reply with quote

The exemption is for passengers to share expenses.  IMHO the FAA is on shaky legal ground as far as compensation for static display.  You don't need any license to own a plane and all of the FARs on commercial operations refer to carrying passengers or cargo for hire or a flight for hire (delivering a plane, towing a glider, etc).
 
Museums charge people to look at their planes.  Does the person selling the tickets have commercial license?  Does the guy who owns the museum?  It started out to be a policy of not giving fuel to Private pilots who flew in the show and spiraled out of control to include sandwiches.
 
Sadly, my opinion doesn't count.  You need to find a judge that feels this way. 
[quote] ---


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