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"Geoffrey Barnes" wrote in message
nk.net... [...] Even though I really enjoyed the responses regarding Mark's dangerous dance with the FARs, and even though I could get wrapped up in all the ethical and moral standards which govern who should pay for what, those really weren't the kinds of answers I was looking for. Well, you got the answers that were available, and then the thread expanded to other related topics. That's not uncommon on Usenet. Be thankful it didn't turn into some political tirade. ![]() [...] So either the club eats it -- essentially forcing 60-some other people to pay for Paul's decision -- or we pass it onto the owners and risk ****ing them off. Between those two choices, the club probably should bear the cost, since after all, it is the club who failed to clarify what the policy would be in the first place. I suppose the club could charge it back to the owners, but it doesn't sound like good business to me, nor is it clear that should the owners decide to take it to court, that they would lose. [...] So it is the owner's problem that the alternator went out. The only reason why the alternator went bad 250 miles from here, however, is that Paul decided to take it there. Um, I'm not sure what you mean here. Nothing in your original post suggested that there was any reason for Paul to suspect the alternator was going to fail before he departed. Assuming he didn't, I don't see how "Paul decided to take it there" has any bearing. Airplanes are, after all, all about going places. It's practically a foregone conclusion that if a failure should happen, it will happen somewhere relatively far away from home. As for whether Paul should be expected to remain with the airplane or should be expected to pay for the return flight, I think your logic is a little off. First of all, it may not have been possible for him to remain with the airplane. As for paying for the return flight, it gets back to what the club is warranting. Renting is expensive, and the renter has very little control over most of the things an owner would normally control. These are the downsides. The upside is that the renter doesn't have to worry about maintenance. IMHO, this also includes any hassles related to a failure that occurs away from the airplane's home base. Assuming the renter didn't cause the failure, why should he have to pay for use of the airplane after that failure? It was only "Paul's job to get that plane back here" up until the point where the airplane failed. Compare it to a rental car, for example. You can bet that if I rented a car, and that car broke down somewhere, there's no way I'd pay for any mileage past what I'd already driven. I would contact the rental company, and expect them to high-tail it out to my location with a replacement car so I could get on my way. If they refused that, I'd make my own arrangements and let them deal with the car in their own time. I sure as heck wouldn't pay for *their* mileage back to the rental office, after they got the car fixed and drove it back themselves. Frankly, I would expect the rental company, should I be significantly inconvenienced (more than a 30 minute delay or so, maybe shorter depending on my schedule), to give me a significant discount, even if they do provide a replacement car. And a real high-class outfit ought to provide the entire rental for free. So, in the case of the airplane, if the club really wants to be known as a responsible outfit, they should have flown out a replacement airplane, or otherwise assisted in arranging for alternative transportation for the renter. They definitely should not expect the renter to pay for any time beyond what HE actually flew. And frankly, they really ought to discount or eliminate altogether the charges for the time he did fly. I realize that aviation is a business with thin margins. But if you don't treat your customers properly, your margins mean nothing, because your customers disappear. The fact that this is a club doesn't change things. If the club doesn't have the margins to cover this sort of thing, they need to raise their rates enough so that they do. Yes, this means that everyone pays a little more. But if the club has decent maintenance of the airplanes, we're not talking any amount that anyone would notice, and it will return huge dividends in goodwill. I am sensitive to the idea that putting the renter on the hook for these costs may make induce some pressure for them to overlook mechanical problems. Yes, it might as well. However, I don't think you really need to even consider that possibility to see why the renter should not be charged to bring the plane back. But the same could be said of a VFR pilot trapped under an overcast and facing the costs of calling in two IFR "rescue" pilots to retrieve the aircraft. No, the same could not be said. The VFR pilot is, by definition, subject to the whim of the weather (as is the IFR pilot, for that matter). As long as the club has a reasonable policy for dealing with weather delays, such as what I mentioned in my first reply to your post, there should be no need for anyone to come rescue him. Any pilot should be prepared to be delayed by weather, and should not need a rescue. Of course, if the pilot chooses to avail himself of that option, understanding the extra costs that he will incur, that's another thing. But that's not a normal, expected outcome of being weathered in. Waiting is. The two situations cannot be separated from one another, or every cloudy sky will begin to trigger phone calls to the club office claiming that the planes won't start, and that the club should pay to get them home. Huh? Again, your logic is flawed. Weather simply means the pilot will be late coming back with the plane; the club has no responsibility to get them home. Mechanical failure is completey different. Furthermore, I doubt the club would have pilots calling to complain about a mechanical problem when they were really just weathered in. After all, mechanical problems need fixing, and it's easily verified whether a mechanical problem really existed or not. Let's say Paul had stayed, gotten the problem fixed the next day, then then flown the plane home. Clearly, he would have been billed for the 2.3 hours it took to fly from there to here. Why? Only the FARs would require that he be billed, assuming he he didn't have a commercial rating. Otherwise, the club should not only waive any charges for the flight home, but should also pay for his overnight lodging. Paul instead made a decision that it was more important to get home than to take care of the aircraft which had been entrusted to his care. "Entrusted to his care"? Excuse me? That's just silly. The aircraft was "entrusted to his care" only inasmuch as the aircraft met the implied warranty of airworthiness. The instant it failed that, it is no longer his responsibility. Next thing I know, you'll be telling me that if he had an engine failure in flight, but failed to land the airplane without any damage, you'd send him the bill for the repairs. Fair enough, that's his call. But that doesn't let him escape his obligation to get the plane back to where the rest of the membership can use it. He had no such obligation, once the mechanical failure occured. As our Chief CFI said to me today, "do we really need a rule which says that when you take one of the club's airplanes, you have to bring it back?" I can tell you, if I was a member of a club that created a rule like that that included mechanical failures, I would quit in a heartbeat. I want a club that will take care of their airplanes, and stand by their own responsibility to the club members renting the airplane to provide an airworthy airplane. I don't want a club that feels it has the right to pass the buck to renters who have the misfortune to have the hot potato in their hands when something breaks. It's bad enough Paul had the inconvenience of having an airplane break while he was using it, but now you want him to PAY for that privilege? That's just silly. Pete |
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