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I think that having a club rule that attempts to duplicate a
regulation in some other language just opens the door for grief. Ask a lawyer. Generally, I agree with that. The compensation issue is such a mess however because it has been so modified by opinions and case law scattered all over the place that you just can't look at the FAR's and know what to do. You will also find differing interpretations everywhere, even from FSDO to FSDO. You can make the club rule more stringent, of course, but the members are not going to be happy with that. We are not just trying to insure that members are legal when they fly, we are trying to avoid a possible long and expensive process of proving to the FAA or our insurance company that we were right. Cost sharing at the edges of the envelope isn't critical to any of our members. These rules are intended to keep members clearly on the right side of the line. You might have a test for new members that requires them to state what they think the regs mean, and you could have standards for passing the test. Then you could keep the test on file to show the feds when it becomes necessary. Another one to ask a lawyer about. I can tell you, they would be a lot less happy about that! -- Roger Long |
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