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#11
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In article ,
Robert wrote: least until I took a look at their rental policies and procedures. I really didn't like one of them, but am wondering if it is "just me" or if it is a normal policy with most FBO's. Every "home made" contract I've ever read has wacky clauses like this. They almost read like a narrative of a past bad experience the person writing the contract had. As others have pointed out, don't be surprised if you interpret FBO rental agreements to discourage cross country or overnight flights. I don't own a plane because it's cheaper, I own a plane because I hate renting (for trips) so much that I never do it. They're a pain to schedule and even after paying the daily minimums you get hostility from the FBO and instructors who wanted to use the plane. On the other hand, as an owner if my plane broke down away from home I'd have to stay with it, return to it, or get it ferried home if it broke down. The only advantage I have over renting there is that I get to call the shots on maintenance with an eye toward avoiding that problem. -- Ben Jackson http://www.ben.com/ |
#12
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"Tony Cox" wrote in message
ink.net... [...] you're supposed to remain with the plane for 3 days at the remote location even if what needs to be repaired is no worse than it was when you took off. Who said anything about "what needs to be repaired is no worse than it was when you took off"? It's a given that you would leave the plane at the FBO if it weren't airworthy there. The question is what happens when it becomes known to be unairworthy after arriving somewhere else. Pete |
#13
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"Bill Denton" wrote in message
... Take another look at this statement: "If the PIC determines that the plane needs repair before being flown, and the PIC has flown the plane away from its home location..." I don't see how you get that interpretation. Nothing about the statement indicates the order of "before being flown" and "the PIC has flown the plane away from its home location". You and Tony need to read the statement more carefully. What this is actually saying is: "If an airplane needs repair, and you know that the airplane needs repair, and you fly away knowing that the airplane needs repair, and the airplane must be repaired at a location other than it's home base, we're going to charge you out the ass!" That's not what it says at all. It may well be how the statement is intended (though I doubt it), but it's definitely NOT what it says. A statement that says something along the lines of what you claim it says would read something like this: "If the PIC determines that the plane needs repair before being flown, and the PIC subsequently flies the plane away from its home location..." Without the time-ordering, all the statement says that if the plane's broken, you have to stay with it. Regardless of when it broke. Pete |
#14
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Shiver Me Timbers wrote:
If you take off in a plane you know needs to be repaired, you are violating the FARs as well as the rental policy. If anyone takes of in a plane that needs to be repaired this armchair pilot and lurker says you are dumber than a sack of hammers and a prime candidate for the darwin award. That depends on the repair. Would you take off in a rental plane with a badly-fit door seal that makes a whistling noise? What about one with a U/S ADF when you're flying VFR? Neither one of those is Darwin material or a violation of regs (since the aircraft is still airworthy). All the best, David |
#15
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It looks absolutely reasonable to me but only because of the first line.
Few renters realize just how responsible they are for the condition of the aircraft. As far as the FAA is concerned, when the wheels leave the ground, you are like the captain of a ship. The buck, including the maintenance buck, stops with you. If the engine quits and you end up in a field and it turns out it quit because of an AD that was not complied with, the FAA will want to know if you reviewed the logbooks and verified that all AD's were CW. If the logs say CW and they are able to determine that it wasn't, they'll go back to the shop. If you say, "Huh, I thought the FBO took care of all that.", they may lift your license for a while. They might even lift it if they just ramp checked you and found something wrong with the plane. If you aren't ready to take the responsibility, you shouldn't be in the air. Of course, tell most FBO's that you'd like to take the logs for the plane you are going to rent home overnight to review them and they'll look at you like you were asking for the first four hours free. -- Roger Long |
#16
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Hmm, reading Peter's post above dissecting the time order of the wording, I
guess I would want a clarification before renting. It looks to me as though it was written so that a renter rolling the dice by flying away from the homebase with a known problem would be responsible. Peter is right though, if a pilot returned from lunch at a distant airport and found fuel running out of the wings, the wording could be used to hold him to the rest of it. If the "being flown" in the first line was replace by "departing the home base" or "accepting the aircraft for flight" I would consider it reasonable. -- Roger Long |
#17
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My comments will be interspersed:
"Peter Duniho" wrote in message ... "Bill Denton" wrote in message ... Take another look at this statement: "If the PIC determines that the plane needs repair before being flown, and the PIC has flown the plane away from its home location..." I don't see how you get that interpretation. Nothing about the statement indicates the order of "before being flown" and "the PIC has flown the plane away from its home location". I didn't get that interpretation; that language comes directly from the rental agreement! And while the language may be a bit sloppy, the intent is perfectly obvious. If the pilot knows something is wrong before he flies, he would obviously have that information after he has flown. You and Tony need to read the statement more carefully. May I first suggest that it is you who needs to read the statement more carefully. What this is actually saying is: "If an airplane needs repair, and you know that the airplane needs repair, and you fly away knowing that the airplane needs repair, and the airplane must be repaired at a location other than it's home base, we're going to charge you out the ass!" That's not what it says at all. It may well be how the statement is intended (though I doubt it), but it's definitely NOT what it says. A statement that says something along the lines of what you claim it says would read something like this: "If the PIC determines that the plane needs repair before being flown, and the PIC subsequently flies the plane away from its home location..." Without the time-ordering, all the statement says that if the plane's broken, you have to stay with it. Regardless of when it broke. Pete The problem is that you haven't the slightest idea what the intent of this section of the agreement is. It is saying that if you are aware of a problem with the aircraft, yet you fly the aircraft anyway, and that flight exacerbates the previously existing problem, necessitating a repair before the aircraft can returned to it's base, you will be responsible for costs associated with that repair. As I said, the language in the rental agreement is not the best in the world, but this is how that would be interpreted. |
#18
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![]() taking the plane to places far away for extended periods, and instead preferred that you just took day trippers. A couple years ago I wanted to rent the Cub for three days to go to the Sentimental Journey in Lock Haven. They had no problem with the hours (I would have put on quite a few) but wouldn't let the plane go overnight on a weekend in the summer, so as not to inconvenience students and renters. all the best -- Dan Ford email: (put Cubdriver in subject line) The Warbird's Forum www.warbirdforum.com The Piper Cub Forum www.pipercubforum.com Viva Bush! blog www.vivabush.org |
#19
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![]() "If the PIC determines that the plane needs repair before being flown, and the PIC subsequently flies the plane away from its home location..." Good point. The original poster should insert "subsequently" and sign the agreement. all the best -- Dan Ford email: (put Cubdriver in subject line) The Warbird's Forum www.warbirdforum.com The Piper Cub Forum www.pipercubforum.com Viva Bush! blog www.vivabush.org |
#20
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"Peter Duniho" wrote in message
... "Tony Cox" wrote in message ink.net... [...] you're supposed to remain with the plane for 3 days at the remote location even if what needs to be repaired is no worse than it was when you took off. Who said anything about "what needs to be repaired is no worse than it was when you took off"? I did, but only as an illustration as to how the clause could be interpreted. The question is what happens when it becomes known to be unairworthy after arriving somewhere else. Well, if it wasn't broken when you took off, the clause hasn't anything to say on the matter. Otherwise, who knows? The clause says nothing about 'airworthiness'. Don't take off when things 'need repair' and it won't be an issue. |
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