turboplanner

...that was all Turbo needed, trying to write an American accent, but things were happening.

Captain had maintained a holiday shack on one of the Spratly Islands, and this was proving ideal for the planning stage. The Xian was moored just across the channel near Fiery Cross Reef.

Turbo and Captain were already at the shack; they'd taken AHlox, his face blackened by charcoal as it usually was, across to Fiery Cross Reef so find the cave, which......

Photos: The Captain's holiday shack, the South China Sea aka the East Vietnam Sea, Fiery Cross Reef Naval Base.

"Hosland has done a marvellous job putting the aviation package together, and he's also put a curse on the entire Chinese garrison" Turbo explained, hoping that it wasn't as sloppy as the last one which backfired onto the CIA people at the Bay of Pigs.

"We corn't het ships if we corn't practice", said Fanie.

"We can't hut shups if we can't fly Corsairs" said Eye Bolt

"You bruddy cards" said Nob, "if you can't het shup.......arrghh speak Engrish next time" shouted Nob 

"I'm not saying this is going to be easy" but Eye Bolt and Nob have a simulated target set up on the highway, and you'll just have to make do.

"Can we hit the cors and bekkies?' asked Arnie

"What's a bekkie?" asked a confused Eye Bolt and Fanie explained "It's a yeeut"  Nob just shook his head and....

......."Call Ah Lee" odered Bow Ling; he had an uneasy feeling.

The Challenger slipped in to Joburgh. The Limo ride to the Palace Hotel out at Sandton, known to the locals as Mink and Mud for its luxury houses and horse paddocks didn’t take long, and he recognised the three ex pilots from the laughter in the corner of the Thoroughbred Lounge.

In the dying days of the British Empire, before the African American Africans forced the whites from power, Defence Minister Pik Botha had bought a squadron of Corsairs to protect South Africa from possible attacks from Mozambique. Mozambique didn’t have any fighter aircraft, but as Pik said: “You corn’t teik chornces.  Arnie Clarky, Charlie Westie and Fanie Bony had made nuisances of themselves strafing the elephant in Kruger, but they’d learnt how to handle Corsairs. These were the pilots Turbo needed.

Turbo had offered them a million each, half now, and half when the job was done. They recognised his famous face from across the room.

“Hi, Ai’m Orney, this es Chorlie, and thet’s Fornie”, said Arnie, and Turbo sat down and briefed them on the project, which now looked much………..

....without a flight plan and without fuel burn calculations.

in the Chinese destroyer Xian, cruising at 23 knots down the South China Sea Captain Bow Ling looked across at his Chief Petty Officer, Ten Pin.....   

...learning English, so Hosland, who was the real deal Gypsie decided to cast a spell on.....

......Takata San who was trying to come up with a missile which was successful 100% of the time, but it did give him...................

.......and said "Get me a gin!" After a while the pain died down, and with a snigger, he said to the male nurse; "Some slight irritation, but it was worth it"

But that was in doubt, as the stone had been cursed by Hosland, a Romanian gypsy who.....

Thats awful pmc. You were doing the right thing in every way but were blindsided by the venality of the judge. I reckon they see an agreement not to sue as a non-invite to the gravy train ( fees and costs ) so they decide its not legal. Judges were lawyers once.

 

There was a case where an injured tandem parachute passenger sued even though they had signed a waiver.  The first court awarded him damages based on the reasoning of " not being allowed to sign your rights away ".

 

The GFA helped pay for the appeal which was won on the grounds that the risk was obvious and the passenger had clearly agreed to carry the risk.

 

I suspect that you would also have won with that heart guy if you had millions to appeal the first court decision.

 

Everyone should be aware that you can't hand off your rights on a Tort.

Safety warnings or agreements have a bearing, but that's best left to a lawyer to explain.

Bear in mind that a plaintiff can sue based on his/her beliefs and understandings. I know at least two cases involving RA crashes where the plaintiff insisted on suing for the wrong reasons, and so never had any hope of recovering any damages.

I suspect that in the example you gave about the parachutist the different results in the two courts that the first court looked at what it was presented with, and the second court looked at whether there was in fact a breach of duty of care or not, but getting into details that fine are a matter for lawyers with the qualifications to sort the facts.

There is a problem with the software for multiple quotes, so referring to your post #84

1.   The definition of Duty of Care which will count when you are sued following an injury or fatality will the the legal definition of "duty of care"

      A careful read of Donoghue v Stevenson [1932] may be of help to you.

2.   In any event it's your decision how you discharge your duty of care to someone who lands on your airstrip and has an accident.  Apart from that there are well publicised precedents which show there's no exemption for private property, and these include thieves who entered the property illegally.

3.  Public Liability Risk Insurance is a specific type, set up for dealing in claims involving multi-millions of dollars with manageable premiums.

     Its up to you to do your own research on the upper limits of what you are calling comprehensive insurance; you'll probably get a surprise

4.  Yes, every private land holder should have Public Liability Insurance, in fact every person should have Public Liability Insurance unless they are rich enough to self insure.  If, for example, you cook a meal and the food is off and someone becomes ill, they can sue you for the costs of hospitalisation etc. Refer back to Donoghue v Stevenson.

If you have house insurance, you might find it includes, say, $10 million public liability cover for events which might occur within its terms and conditions, but you need to read those terms and conditions very very carefully, because they are unlikely to include activities we are talking about on this forum.

.... no longer mattered to Turbo. Bombay Sapphire.....the biggest in the world. Turbo had owned it once, bought it from a Russian Prince, but shortly after a visit from the Captain it had disappeared, and.....

THINK It’s 10000 feet. The Captain’s gun assisted memory was becoming shorter every year but that sometimes happen when you’re past the tens of millions and climbing. Idly he messaged the Captains of six oil tankers to Strait the run through the South China Sea, and had just picked up the bottle of gin when.......

Turbo - I give up!  You insist that industrial rules apply to the private world - I disagree.

 

Oh! In your last comment(s) you sited  one aviation possibility of  " a stranger seeoing the strip and your mates' aircraft and deciding to drop in for a coffee, clipping a tree which is not supposed to be within an active ALA and taking out a couple of people on the ground, and so on."  - As a pilot you are no doubt aware that, without there being a declared/apparent emergency, your stranger would be breaking the law in landing on a private property,  in this case a paddock (as I keep saying) very much diminishing any claims he/she/relatives may make.

 

As a past employer I support comprehensive insurance to protect workers and the public should they be injured/killed in that environment.

 

As a private person, I very much hope that your vision does not become the accepted norm, in my or anyone else's  private life - such paranoia must be crippling.

 

1. I’ve mentioned that there in no difference between industrial and private environments; a duty of care is a duty of care for both.

2. I made us clear that the USE is what counts when you fly out of a paddock. The method of closing down that use is laying down white crosses on the field, otherwise you have the duty of care. Calling it a paddock carries no weight and in fact is likely to be used against you as an example of being dodgy.

3. You will run out of coverage if you try to claim on what you call comprehensive insurance.

4. My so/called vision has been in force since 1932.

We once had an employee who begged to be kept on although he had a serious heart condition. We kept him on but got him to sign a waiver saying that it was is own choice. When he died at work the family hit us for everything and won, apparently he could not sign away their rights.

 

That is correct. I’ve seen it apply in several cases. Skippy is just not getting it.

...Turbo realised they better get started.

The first flying lesson didn’t go well. Turbo had chosen Nob to be the instructor based on the operation which was to be the complicated procedure of attacking warships at Battle Stations where dodging gunfire was an essential skill and the difficult skill of not undershooting or overshooting was essential. On reflection, he felt it was a mistake choosing the 100 hp Brumby, even though it had that whining Rotox gearbox.

Nob had said, I show you take off. Now there were two slight problems with that; It was 77 years since Nob’s last take off from Guadalcanal, and he’d had 1130 horsepower at the throttle.

As Nob yanked the Brumby into the air at an impossible climb rate, Eye Bolt yelled “Shut!!!!!”

“Canopy Shut” responded Nob, who thought he had missed a check. The airspeed rapidly decayed, and Eye Bolt asked “How old are you Nob?”  Nob replied “I 99, getting letter from Crean next year.”

Eye Bolt shuddered, but just when the aircraft was on the point of stall Nob said “Your prane”. “Now we practice attack”, said Nob and aimed directly for the Cowra RSL where………

Turbo realised the combination of Nob and Eye Bolt in a Spratly attack coping with the notorious Flying Hoses might not be a simple as he thought. Something would have to be done about Nob's training methods and...........

[Photo of Turbo’s Warbird, the Mitsubishi A6M Zero 210-118 B flown by Nob, rebuilt by Turbo at a cost of $3.5 million.

Picture taken in Turbo’s hangar. Turbo on the left, Nobushi Kayabashi in grey jacket, his son Ed Cummins on right. Front Row Dimity Cummins and Sol Lee.]

" I have consistently suggested a collective approach to assessing & documenting the risk (fully informed consenting adults) that the few mates can sign (literally) up for.

 

 

 

There was a case in the last couple of weeks in Victoria where, in awarding damages againts a person, the judge had added more money because the defendant was negligent and had failed to warn of the risk. In this case, even if the defendant had made his friends sign a document he would still have been found negligent and the major part of the award would still have been made.  On top of that, with your airstrip open, there's nothing to stop a stranger seeoing the strip and your mates' aircraft and deciding to drop in for a coffee, clipping a tree which is not supposed to be within an active ALA and taking out a couple of people on the ground, and so on.  

 

Quote

Your words - "the law places a great deal of emphasis on interpretation of the words, "ought reasonably to have known (the risks)". - I suggest you have supported my statement above"

You have the duty of care; it's YOUR job to understand and address those risks; anything goes wrong it's your pocket the money's going to come from.

 

Your words again - "The bottom line is, a few hundred dollars a year invested in a good PL policy is simply good sense, in that it protects you from a host of unforeseen circumstances, that can become life-altering." and mine "I accept risk, as a fact of life, seek to manage it rather than insure against "

 

A breach of Duty of care usually involves a mistake (we are not talking about Culpable Negligence here where the person knows that what he is doing is wrong]. This can be as simple as meaning to pick up 20 metres of cyclone fence that a bull has dragged across the strip, and forgetting to do it, or making a maths mistake when you measured out the strip, or the neighbour asking to dig a drain for you, and he leaves it open on Saturday becaise he's going to the races, and no one will be working. In my field, losses were due to; not having lights outside a toilet we had left up outside the track for peoples' convenience, not warning that children could be injured by flying clay, not operating a fire extinguisher (which saved a driver's life) correctly, not using a cable joining method which complied to an Australian Standard, using temporary plastic fencing to define a demonstration area. You say you accept risk, and for all I know you may be a multi-millionaire, but if you aren't you don't even understand the basics of what we are talking about and it's time to get some professional advice.

 

 

 

 

12 minutes ago, skippydiesel said:

 

- you can not protect yourself from criminal negligence or deliberate act that causes injury/loss/death to a third party..

 

We are not talking about Culpable Negligence; that's a different subject. 

 

.....had an old TEAL airline ticket addressed to Wire Rope Airport, which......

.....something odd about this one; he doesn’t speak English, and......

......and that was true, 36 hours to be precise, and Eye Bolt cold see he was being put down by wiley old Nobushi whose usual defence was questions, but this time iot was going to be different because.....

Thanks guys, that's all good news.  Maybe I have a too-negative attitude towards  CASA.

 

There is a sailplane manufacturer in South Africa ( Jonkers ) which make top-class sailplanes, as good as the Germans, and for years I wondered if they operate over there under an easier regulatory system.  Their home market is small and they are a long way from supplies, so how come those south africans are doing so well?

 

If you go back to AUF history we probably did better, but we lost some of our most talented designers.

They have had their losses too, but are great innovators like us and NZ.

I have tried to answer every one of your points - you may not agree with my responses  but that up to you. For non industrial environments (ie private life) your most telling comment is the first - rightly or wrongly we perceive the American (USA actually) leads the world in petty litigation. Ultimately who started it doesn't matter we have a choice, play along with the urban myths, that enrich the insurance companies or stand on your own two feet. Case in hand (paddock used for infrequent landings by group of mates) make a dispassionate assessment - most of the points I have made already ,so wont bank on but the crux of my argument is -  agreement/document. By all means insure but  (in the private world) recognise this is giving in to irrational anxiety and or laziness - both quite legitimate if that what you want.

 

Unfortunately you need to do a lot more research.

I guess this aircraft is flying ok in South Africa. Would it be illegal in Australia?

 

Is it possible that the much smaller CASA equivalent in South Africa is actually an advantage for them to pursue advances without the dead hand of bureaucracy holding them back?

 

There is nothing to stop you joining SAA and designing and building one from Jabiru parts like the South Africans.

There's no dead hand holding people back in Australia, with many very interesting approved aircraft flying around.

..the frog.

A few minutes later Nob slipped into the room, and apologised for being late. “Had to attend Shire Council Meeting” he said “New load being planned through middle of CWA rroms, and the missus spat the dummy.” Nob, like the others had married into Cowra Society, and in Dimity Cummins, whose family had been on the land since they Squatted in 1847 had been a soulmate. Nobody noticed when Nob changed his surname to Cummins, but they thought he looked odd, and he had never mastered the English language. Spotting Eye Bolt, in his sheepskin suit he walked over and introduced himself as the Mayor of Cowra.

“Where you from?” he asked Eyebolt, who responded “Whakitani”

“Now then, we don’t want any bad language in this group, we are professionals!” snapped the Captain, who wasn’t as worldly as Turbo who knew that Eye Bolt also had an AirBNB at Waikikamucau, so he decided to ease the potential clash by calling the meeting to order.

The Captain stood, and staring directly at Turbo, saying “These Chinese warships are a clear and present danger to the United States of America”

“That one won’t work, it’s been tried and didn’t come out well at all for the President” replied Turbo “Don (he had to one up the Captain) has given me an old A310, some captured Iranian missiles and some mounting brackets, and that’s the deal. We have to go in there, build five aircraft from the parts, hit the ships and disappear. Nob nodded; “Sounds like normal operation, pilots not coming back.”

“You’re one of the pilots” said Turbo, “and you’ll have to train the others using Brumbies.”

The meeting broke up with the Captain taking Sol Lee, Ahlox, LokSe and Anlok to Melbourne to round up some aircraft builders, and Nob and Eye Bolt headed out to the airport to take a look at a Brumby. “You my first student” said Nob, but no slearing.

Turbo had only loaded part fuel and with several people gone, and the evening cooling down the Challenger lifted off without any problems.

This wasn’t going to be easy; he was going to have to land an A310 loaded with assembly tools, fitters, pilots, missiles and food supplies on a big black airstrip with a white line down the centre, devoid of any trees and guarded by one of the best Generals China had produced, find the cave where the Captain had stored those Corsairs many years ago, unload the cargo, set up generators and build five aircraft without being seen. They would run the engines up under cover of a concert arranged by Sol Lee who hopefully would have returned with the General who was partial to a ...............

be interested in....

.......been ideal for the job apart from the sides oil canning and giving the game away when they approached the enemy, but parts of it were quite good and parts of the Corsairs were missing, so Hideo made sure he captured all the lines on his camera.

Cowra Airport has two runways; 15/33 which was 1630 metres long, and 02/21 at 950 metres.

The Airport is 1017 feet above mean sea level Which catches many pilots out.

The Challenger 650 requires 731 metres for landing and 1718 metres for takeoff at MTOW at Sea Level and ISA (15 degrees C); the current temperature at Cowra was 35 degrees and there was a roaring northerly.

As they approached the airport, Ahlox feverishly leafed through the ERSA in a panic. “Did you check the ERSA before the flight” he asked Turbo. “What’s an ERSA?” replied Turbo; that always sent Ahlo into hysterics. “If we go in here, we can’t get out!” he said, but as the wheels touched gently (note for Foxhunter) Turbo just smiled; he always had a Plan B.

They entered the compound through the Cemetery garden. The Captain had already arrived, with a woman, and certainly not his wife Ki Lee. Ahlox wasn’t so sharp and rushed forward saying “Hi Ki!”, and the Captain fixed him with a vicious stare. It was Sol Lee.

Ahlox turned red and apologetically said ”I’m sorry, I thought you were someone else”

“No, YOU not Sol Lee, I Sol Lee” replied Sol Lee. Turbo separated them because Sol Lee was a CIA agent and one of the best and he didn’t want her compromised by a blurter like Ahlox.  Some people may have read Turbo’s book, the girl with the dragon tattoo. Sol Lee was the girl, but Langley had stepped in saying her cover would be blown, and turbo had to invent a Swedish version after the third manuscript and kill himself off. NES readers though now know who she really was; after all why would a Swedish girl have a Chinese dragon tattooed on her back unless…..

.........Hideo grabbed Eye Bolt by the scruff of the neck and said "You coming with me to build aircraft".

"What's thet?" asked Eye. "You going to build Flying Hose" said Hideo  "and anyone who build Savannah know rot's about hacksaw and hammers."

"Hecksaws and Hemmers? I hevn't funished eating my fush and chups yit", but Hideo flung him into the Challenger and they set off back across the Tasman to Cowra.

Cowra is a town in New South Wales established in 1846 by the grandfather of Ahlox for the purposes of gambling and opium smoking.  It has a population of 10,063 people officially, plus 2,132 undeclared people of Japanese descent.

During World War 2 a large POW camp was built at Cowra to house Japanese Prisoners of War. There was a big break out one night, and a lot of prisoners escaped, with deaths of soldiers on both sides. Most were rounded up. Earlier we talked about a small group which got away and blended in with the Cowra population, and we went on to tell the stories of Soichiro Honda, Kiobaji Kawasaki, and Yasika Yamaha up to their escape down the Hume Highway to Melbourne riding BSA Bantam farm bikes. We missed one, Tamiko Takata, who spent his time trying to make rapid deploying balloons capable of spraying shrapnel on the enemy below. He eventually became successful, but that’s another story.

The remains of the Prison Camp can still be seen, and there’s a beautiful garden cemetery for the war dead. Nearby is a large restaurant/souvenir shop. What we couldn’t tell you at the time because of the Official Secrets Act was than not all went home. A small group dug a tunnel from the garden cementery and carved out very comfortable living quarters under the restaurant. This gave them coffee and food and they gradually infiltrated the Cowra population as their accents disappeared. Inevitably some married, and there was a mixed population in the town. Heading up this dynasty was our old friend Nobushi Kobayashi, known to us as Nob, and a skilled Mitsubishi Zero Pilot, but today………