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rickofudall
Joined: 19 Sep 2009
Posts: 1392
Location: Udall, KS, USA
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 Posted: Sun Feb 17, 2013 9:51 am Post subject: That old bugaboo, liability |
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I am fortunate to live in an aviation community. A 2500' grass runway abuts my back yard. For this and the five acres that allows me to feed wild birds and enjoy nature (even the coyotes except when they take one of my guineas or chickens) I am very grateful. So you can probably understand I am not at all happy when some idiot uses our runway in a completely stupid manner. I am also the home owner association president so I have the interests and property values or my neighbors in mind, too. We carry a $1M liability policy for which all of us pay an assessment each year, but with the damage caused by Katrina, Sandy, et al, the possibility of loosing that policy or having the premium raised to a level that is not reasonable should someone make a claim against it, has caused me more than one sleepless night since two incidents happened in the last year. One, where a new property owner was allowing his and his friends children to play on the runway while the friend was trying to teach himself to fly ( I couldn't make this stuff up, cross my heart, it happened) and two, where same owner brings his "instructor and mechanic" to fly the plane. He proceeds to ignore the pattern direction arrows and FAR 91.119 and fly at tree top level over the homes and hangars of many of the members of our HOA until the engine seized and he was barely able to make a crash landing going ACROSS the runway. When questioned by a couple of the members the "instructor" refused to either identify himself or account for his actions. He was actually surly about it until it was explained that he could tone down his attitude or he could talk with a county sherrif deputy.
In those sleepless nights I pondered what amendments to the HOA bylaws would allow us to weed out the idiots and whatever other measures we could use to protect ourselves. This last Thursday an article on the ANN "Propwash" newsletter told of the legislature of the State of Arkansas had just past an amendment to their recreational land use act to specifically include aviation. I was immediately interested and went looking on the web for information about similar statutes in Kansas. I found this site.
http://theraf.org/sites/default/files/raf_files_videos/recreational_use_statutes_50_state_discussion.pdf
Seeing that Kansas statute is of the "including, but not limited to the following" listing of recreational activities I contacted both my legislators to ask that the statutes be amended to specifically include aviation in that list.
"Dear Sirs, I request that language be added to Kansas State Statute K.S.A. 58-3201 to 58-3207 to exempt private airports from liability when such airports are open to the general public as defined in the legislation. Small, privately owned airports receive no public funding yet they are a vital resource to Kansas. In times of disaster emergencies or environmental accidents such airports may be the only link for relief, medical care, and evacuation. As such I believe that they should be entitled to specific relief from liability.
I would appreciate any effort you are able to give to make this change to our state's Recreational Land Use Act."
To my surprise and delight, both my representative and senator responded with a personal note, not just a form letter of the "thank you for contacting me" genre, promising to look into it and address the issue when the legislature returns to session.
On Friday I brought the issue to the attention of my EAA chapter and got some more information from other members who live in airport communities. My plans at this point are to A) use my list of chapter newsletter editors to spread the news and ask for more effort from across the state to get the statute amended and B) put up a Facebook page to solicit support and spread the news nationwide (only 16 states specifically mention aviation or aviation sports in the RLUA's)
Guys, I urge you all to look up the link and see if your state is one of the 16 or one of the 34. If your state is in the latter group, write to your representatives and get the ball rolling.
Okay, Russ, I've given us something that, while it isn't specifically Kolb related, it certainly directly affects Kolb owners and flyers. Hey, it's winter and I'm flying the trike right now (3 flights in January and 1 in February so far) while I plan the repairs of Zulu Delta.
Fly Safe,
Rick
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Zulu Delta
Mk IIIC
Thanks, Homer GBYM
It isn't necessary to have relatives in Kansas City in order to be unhappy.
- Groucho Marx
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Dennis Thate
Joined: 18 Nov 2010
Posts: 362
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| Posted: Sun Feb 17, 2013 2:41 pm Post subject: Re: That old bugaboo, liability |
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http://theraf.org/
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