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Old June 18th 04, 02:46 PM
Romeo Delta
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Dear Mr. Byars:

Please explain to me an airport owner's liability concern(s) by
allowing non-ELT equipped aircraft to/from their airport.

Is the airport owner concerned that he somehow would be held liable if
an aircraft (without an ELT) would crash offsite while operating from
his airport? Quite a stretch to what is considered reasonable
"due-diligence" in my opinion. This [non]event happens every day at
every uncontrolled G.A. airport in this country.

Let us not confuse what is "required" with what is convenient or
[WRT to individual opinion] what "should be".

The safety of flight is ultimately the responsibility of the P.I.C.
(so says the FARs)--this includes ensuring the operational condition
of any *required* onboard instrumentation and equipment. Non required
equipment is a moot point, and to consider an airport owner liable for
a mishap pilot's decision not to have optional equipment installed is,
as a legal argument, laughable.

Forgive my assumption, but I think your opinion WRT this matter is
unquestionably jaded by your personal experiences. Obviously you feel
strongly about the benefit of equipping your aircraft with an ELT.
But ask yourself this: if because someone lands gear-up twice should
the airport owner [for liability concerns] demand that all similar
aircraft be installed with a gear warning system as a condition to
operate at his airport?

What I see is a knee-jerk policy unilaterally instituted under the
color of an exagerated concern of liability in the rare case of an off
site aircraft accident during a glider contest. Such a policy
instituted at a public airport could rightly be contrued as
discriminatory in nature an thus in vilotion of federal assurances.
At the very least it sets a questionable precedence to now be
considered by other airport owners.

The proper protocol in this matter would be to defer such decisions to
the sanctioning body (SSA). I urge your friend to consult his insurer
and his lawyer on this matter in an attempt to better define what
exactly his "due diligence" as an airport owner is when hosting a
glider competition.

RD