What does that mean?
What does that mean?
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In 2015 Dan Brown in FFFF forum:
FROM: HERE
Re: USHPA INSURANCE EMAIL 22OCT2015
Postby Dan Brown » Sat Nov 14, 2015 12:32 pm
A number of years ago I contacted the Dept. of Interior attorney who was handling legal matters for the GGNRA about the insurance requirement. The GGNRA is part of Interior.
The attorney agreed that the insurance requirement was redundant because of the Recreational Use Immunity Statute. The Statute provides immunity for landowners allowing recreational users on their property. It does not apply to commercial users. The GGNRA rationale for the insurance is that it provides an extra layer of protection.
The attorney did not disagree when I said that the insurance requirement is discriminatory because it applies only to hang gliding and not to the other actives at Funston like dog walking. Dog bites are more common than hang gliding injures.
In theory pilots should be able to fly at Funston without USHPA membership if they have their own insurance. However USHPA prohibits clubs from allowing non-USHPA pilots to fly at its insured sites. If an insured, non-USHPA pilot flew at a USHPA site, USHPA would pull its insurance.
USHPA is attempting to establish a Risk Retention Group that will provide insurance to pilots. Doctors have similar Groups. California law requires that the Groups be “independent”. It is unknown if USHPA would respect the independence of the Group and allow all hang glider pilots to join or would restrict membership to USHPA pilots. If all pilots are allowed to join, USHPA would lose its monopoly and pilots could fly at Funston and at other hang gliding sites without becoming members of USHPA. USHPA would be like the Sierra Club. You can hike in a national park without joining it.
Many points mentioned by Dan may need vetting, and same for his assumptions. Meanwhile some notes in response to the 2015 note (and here we are now in 2018)"
1. Consider that it may be probable (since millions of visitors are not having to carry insurance to recreate on NPS lands) that an independent visitor may step into sky with wing without having to carry burden of insurance nor membership in any private corporation.
2. Dan seems to say (we do not have a recording of the attorney) that the USHPA insurance is "redundant" "redundant". If Dan is correct that if independent HG visitor is allowed to fly, then FFFF would lose USHPA insurance [must question unfair monopoly angles here]. Full clarification is needed here. But, if the NPS attorney is correct about "redundant" "redundant" then NPS would be in clear ANYWAY as regards FFFF pilots and independent pilot.
3. Of course, visiting that forum for conversation and quotes may not be a reasonable thing, as we have discovered that that forum cannot be trusted as it deletes posts that are on topic. So much is lost when a forum begins to play deletion and banning games!
4. Assuming "redundant" "redundant" applies per Dan's report of NPS attorney, then the FF site could easily be opened to independent HG pilot with no burden of insurance on the independent HG Pilot. So, GGNRA, please send FFFF a MOU to be attached to the current SUP: "Do not rebuff independent HG Pilot. Do not ask about insurance. Do not ask about membership in any third party corporation. Just be fellow feathered pilot and discuss local site traffic rules and landing rules and the like. Upon local review, slap that sticker on his or her helmet. Be kind to a web-footed friend, for the duck may be somebody's mother. "
Footnote: At age 8 I was picked up in Oakland, California, and vanned with other kids into San Francisco to sell subscriptions to the San Francisco Chronicle to people at their homes and apartments. The adult driver would lead us in singing the song featured in the two videos. And now at 76 ... I am seeing a use for the same song here to FFFF. Footnote to footnote: I was top subscription seller in our group; I learned to keep my foot in the door until they signed up for the Chronicle.
There is a way to be kind in this matter. Let's work out a solution where independent non-insured visitors to NPS lands may step into sky with wing parallel with one or two or three or more clubs that do their club thing. Hey, once redundancy helps to set aside the USHPA monopolistic intrusion, independent HG Pilots might join the local club.