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turboplanner

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Everything posted by turboplanner

  1. turboplanner
    RAA inc from memory had the protection of the Associated Incoprporations Act in the ACT from memory which was designed to protect sporting bodies in the shift across from governments paying out for injuries/deaths to the participants having their own responsibility to do so. In the Act were certain indemnities. All the details are on this site somewhere. Although some of us argued against it and pointed out the above, others got sucked in by the thought of being a Company. The most famous or infamous quote I remember was "There's no point in having a dog and barking yourself" So we now have this ill-fit, which has largely been hidden by the relatively cases where injuries/deaths came through as claims. You are quite right - we lost control as a result and we lost those indemnities. Here's a link to the Associations Incorporations Act 1991, A1991-46, Republication No 40, Effective 9 June, 2025. https://www.legislation.act.gov.au/a/1991-46/ Members and officials Liability protection is covered in Section 51 Page 35 - Liability of Officers and Members.
  2. turboplanner
    If you were trained by CASA (or its predecessors), and you were Licensed by CASA to fly under certain conditions and you were endorsed on certain aircraft, CASA has the duty of care - a bit like road third party. However, the part you missed was the "Self Administration" words used throughout Australia from the mid '80s for just about all non essential things like sports. The self administrator who sets up something, trains people, makes rules etc. has a duty of care along with their trainers, officials etc. For about the last 30 years or so in recreational flying where allowed people to build their own aircraft on a hobby basis and fly it cheaply, I would say the 10,000 members have been happy with the system, and produced a reasonal safety history. I don't understand why the constant bitching just goes on and on.
  3. turboplanner
    You certainly waste your time talking about the past and some unrelated flying example; but I note you've steered clear of talking about any professional advice on PL; you always revert back to pre-PL days and they are never coming back no matter how much you don't like the present.
  4. turboplanner
    There's a lot of squirming going on here. No point in picking your favourite comparisons; public liability can apply to a plum stone or a fence you put up or pitching a tent. No point in picking your own fantasy scenario; the precedent has been rock solid for a long time.
  5. turboplanner
    The ways of the past, pretty much everything before 1986 don't apply any more. So yes it might sound like a stuck record, but believe me our Australian State Governments and the Commonwealth are never going back to the days when they paid out on your behalf. Today WE pay for OUR activities.
  6. turboplanner
    .......many other down to e arth statements which would qualify her up there with the best of the BNS stars and weren't they amazing. Turbo remembers one night after the steaks were on the open fire, and Cappy had one the circle work with his P76 Ute, an unlikely contender but driven within an inch of its life with liberal use of ......
  7. turboplanner
    Yet, if you have trained that pilot or are in charge of the facility at the time, you are responsible.
  8. turboplanner
    So you would have been aware of the potential risk.
  9. turboplanner
    We said that too; the courts just kept awarding damages against us. As far as flying is concerned weather is part of the training so part of flying.
  10. turboplanner
    It's decided on duty of care these days. We lost several cases until we realised WE had to control the behaviour of the obvious risk-heads.
  11. turboplanner
    Then you will find out what happens if something goes wrong.
  12. turboplanner
    Here is the precedent case for our Public Liability: Precedent, Donoghue v Stevenson [1932] AC562 https://www.scottishlawreports.org.uk/resources/donoghue-v-stevenson/case-report/ Here are some basics of State Third Party Schemes for NSW, Vic, Queensland NSW Compulsory Third Party Vic TAC (Traffic Accident Commission) Transport Accident Charge This covers the owners of Victorian Motor Vehicles for the injury or death caused by their vehicle to another person. Qld MAC CTP Scheme introduced 1936 Underwritten by private licensed insurers. We are not covered by these schemes when we fly; that's how the motor vehicle works; not us. Those that deliberately breach their duty of care are in a different category, they may be charged with a crime like assault, manslaughter. If you read the Donoghue v Stevenson precedent carefully, you'll find its based an an unintended (accidental breach).
  13. turboplanner
    I would suggest you do some very serious research; we have one system where the Government pays for injury reserved for motor vehicle actions and another where we have to pay for harming someone if we breach our duty of care. The second one has been in force for one amd a half generations, is based on a Scottish precedent and has nothing to do with the USA.
  14. turboplanner
    That was my point, you don't want to enter lovely neat side slips and then round out diagonally on a line to a metre below ground level.
  15. turboplanner
    Sorry I forgot that. I'd suggest discussing it with a local instructor, and as someone else mentioned checking for any restrictions on the aircraft, but it's not unlike crabbing into a crosswind and at the last minute a few feet above the ground, straightening up. The reason for the instructor opinion is it is a coordinated action, and you might have fallen into it and taught yourself, but it pays to make sure what the limits are.
  16. turboplanner
    ......pointed out the front end of the horse when Turbo was riding dressage. Turbo was not a horse-person and Anne was an Aussie at heart, although she'd never been to a BNS Ball to learning phrases like "You XXXXXXX" or ..........
  17. turboplanner
    Minimum height is 500 feet above ground level.
  18. turboplanner
    .........a lot to him, showing the takeoff for the specially approved upside down flight between the buildings and past the balcony of Buckingham Palace, for his beloved Queen (the flight photo was ruined by that out-of-control little pest Prince Andrew climbing over the balustrade and .......
  19. turboplanner
    ...........the side of the canopy and the TGM knew that before he could wipe it, off the canopy would be acidified by the mix; it was better to go upside down, put it down hard and it would be as green as a dog's xxxx after grass dragging. TGM savours that landing, called "impossible" by the other test pilots, but Turbo just smiled and said "That's what they pay us the big bucks for" and everyone..............
  20. turboplanner
    If you go to the public liability discussion, you'll see this didn't come from the USA, the precedent case is from Scotland in 1932. The only reason we're seeing this now is that RAA appear to be doing a clean up of procedures. It's not about transfer of blame; there has to be a duty of care and someone has to prove the duty of care was breached.
  21. turboplanner
    You're mixing up old ways with what has applied for nearly 45 years. Strict Liability has its place but the guys are on the right track above.
  22. turboplanner
    Why would you say that when it's very clear RAA is a self-administering organisation?
  23. turboplanner
    .....kitten through the fence in the Dreamworld tiger enclosure and phoned DW to say one of the tigers had a baby. For a few days Rud was the talk of the town until Turbo took him up to the top of the Big Drop, telling Kipling it was the Gold Coast Tourist Lookout, and to hold his mongoose tightly. As they were going up Turbo was extolling the advances of the Gold Coast and how much better the lift was than the stairs in the old days, and Rud was taken in. As Turbo began to point out the landmarks, someone in a Thruster headed straight for the tower. They both knew it was a Thruster from that ducking, weaving motion, ...........................
  24. turboplanner
    .......nuts promised to tell one of his stories in a reading at the Chevron Hotel in Surfers where he ...................
  25. turboplanner
    Mongoose on the Bite - The True......... Don't tell anyone, because it might embarrass him, but there was a rat plague in Bombay while Cappy was in residence. The Mongoose kills rats faster than it kills Cobras, so he decided to buy a pair, but at the Kapooka Primary School the little Cook was never taught the plural of Mongoose, so he wrote to the Mongoose Sales Co, Delhi, saying "Please send me a Mongoose, and while you're at it please add another one"
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