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Re: Los Angeles, California

Postby Bill Cummings » Sun Apr 09, 2017 2:28 pm

Here is an idea. Just the threat of filing a complaint with:
The Enforcement Branch of the California Department of Insurance headed by:
Dave Jones California Insurance Commissioner.JPG
Dave Jones California Insurance Commissioner.JPG (17.23 KiB) Viewed 377 times

Mission: "To protect the public from economic loss and distress by actively investigating, arresting, and referring, for prosecution or other adjudication, those who commit insurance fraud and other violations of law; to reduce the overall incidence of insurance fraud and consumer abuse through anti-fraud outreach and training to the public, private, and governmental sectors."
This could even force the eager cooperation of management at flying sites (Parks) to aid
any non member (or barred member) of the USHPA in acquiring insurance coverage.
The Investigation Division Overview:
http://www.insurance.ca.gov/0300-fraud/0200-invest-division-overview/
or, The Fraud Division Overview:
http://www.insurance.ca.gov/0300-fraud/0100-fraud-division-overview/
may be two good places to start.
What is Insurance Fraud?

"Fraud occurs when someone knowingly lies to obtain a benefit or advantage to which they are not otherwise entitled or someone knowingly denies a benefit that is due and to which someone is entitled. According to the law, the crime of insurance fraud can be prosecuted when:

The suspect had the intent to defraud. Insurance fraud is a "specific" intent crime. This means a prosecutor must prove that the person involved knowingly committed an act to defraud.
An act is completed. Simply making a misrepresentation (written or oral) to an insurer with knowledge that is untrue is sufficient.
The act and intent must come together. One without the other is not a crime.
Actual loss is not needed as long as the suspect has committed an act and had the intent to commit the crime. No money necessarily has to be lost by a victim."
_________________________________________________________________________________________
Having had first hand information about a person being denied insurance coverage in the State of Minnesota a formal complaint wasn't even necessary. The Insurance Commissioner somehow found out that I was being excluded from insurance coverage and the SIU arrived at my house on their own.
Apparently they were interested in exactly who was standing in the way of me purchasing insurance.
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Re: Los Angeles, California

Postby JoeF » Tue Apr 11, 2017 1:58 pm

In unison :salute: :salute: :salute: it seems a consensus is occurring where Frank Colver and Joe Faust and Bob Kuczewski
are proposing something close to the following (I apologize for any errors, typos, or mis-consensus that might occur in my quick effort here)
... that seasoned HG people who are not buying or renting from Windsports, but follow rules and Windsports as lifeguard, be NOT FORCED to join USHPA, and be not covered by RRG, but be treated as County treats the more dangerous kiteboarders who "fly" (that community's words) often, who have longer lines, more lines, faster speeds, more chances to hit people on sand and in water, clash with each other, etc. .... and bicycling, board surfing, swimming, etc. BUT YES, sign a BIG WAIVER (kiteboarders do not even sign a waiver to the County; board surfers do not even sign a waiver to the County, etc.). Few years ago: fatality occurred from a launched kiteboard from Belmont Shore. The bunny HG at Dockweiler has an A+ safety grade under the Windsports supervision model.
It is time that the safety record admit HG at Dockweiler under the supervisions-rules-waiver model be without the extra insurance burden for the seasoned HG recreationist. And a waiver and flow that does not force membership in a private corporation, benign or not.

========Tweaking of the consensus may yet be done; and each of the three might tweak expression somewhat differently. WHAT DO YOU PROPOSE? :?: :idea:

There will be a meeting Wednesday, April 12, 2017, where a collection of staff of Los Angeles Country Department of Beaches and Harbors will meet with Frank Colver, Joe Faust, and Bob Kuczewski to study and discuss recreation issues at the Dockweiler Hang Gliding zone/premise/park/area. Everyone in the public concerned with the related issues have avenues to input their ideas and proposals about Dockweiler hang gliding recreation. :thumbup: :wave: :?: :idea:
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Re: Los Angeles, California

Postby SamKellner » Tue Apr 11, 2017 5:49 pm

:idea: :salute: :salute: :salute: :salute: :salute: :salute: :salute:

:salute: :salute: :salute: :salute: :salute: :salute: :salute: :salute: :salute:

:salute: :salute: :salute: :D :salute: :salute: :salute: :salute: :salute:

:wave:
Southwest Texas Hang Gliders
US Hawks Hang Gliding Assn.
Chapter #4
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Re: Los Angeles, California

Postby Bill Cummings » Tue Apr 11, 2017 8:34 pm

Good luck on the 12th. :thumbup:
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Re: Los Angeles, California

Postby Bob Kuczewski » Tue Apr 11, 2017 11:11 pm

Thanks Sam and Bill!!

:salute: :salute: :salute: :salute: :salute: :salute: :salute: :salute: :salute: :salute:

JoeF (with Bob's italic shorthand) wrote: ... it seems a consensus is occurring where Frank Colver and Joe Faust and Bob Kuczewski are proposing something close to the following (I apologize for any errors, typos, or mis-consensus that might occur in my quick effort here) ... that seasoned HG people who are not buying or renting from Windsports, but follow rules and Windsports as lifeguard, be NOT FORCED to join USHPA, and be not covered by RRG, but be treated as County treats [any other sport]


Yes, I do believe that consensus is forming, and I endorse it wholeheartedly.
Join a National Hang Gliding Organization: US Hawks at ushawks.org
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Re: Los Angeles, California

Postby Rick Masters » Wed Apr 12, 2017 5:33 am

I can't believe USHPA would let it come to this. They are clearly paying way too much for inadequate legal advice.
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Re: Los Angeles, California

Postby JoeF » Thu Apr 13, 2017 8:39 am

On a contact form to Los Angeles County Beaches and Harbor, I placed the following request today:
[ur=lhttp://beaches.lacounty.gov/contact-us/]http://beaches.lacounty.gov/contact-us/[/url]

SUBJECT: Permission from Director requested, non-event
Email: [I gave my email address]
Message:
17.12.481 - Hang gliding, paragliding, and parasailing—Restrictions.
No person shall hang glide, paraglide, or parasail on, from, or above any beach, cliff, or bluff adjacent to a beach that is owned, controlled, or managed by the County, except in areas designated for such purpose, and only under the supervision, and in accordance with the rules and regulations of the Director or the concessionaire authorized by the Director or the County to conduct such activity.

(Ord. 2012-0005 § 54, 2012.)

=======================================


Respecting ordinance 17.12.481 copied above,

I request that the Director allow me to recreationally hang glide at the Hang Gliding Park on Mondays that are not holidays or days of other special events at the site.. As always, I will play safely relative to all other visitors of the beach. There is no concession operating on Monday at the County site that has been approved for hang gliding.

Thank you for your anticipated permission.

Joe Faust

Citizen of Los Angeles. USA Olympian. Los Angeles resident and property-taxpayer. [GAVE MY ADDRESS IN LOS ANGELES] Age 74, excellent health.

Experienced hang glider participant since 1970. Experienced instructor of hang gliding. Founder in 1970 of an international private hang gliding association. Former manufacturer of hang glider. I have nothing to sell to the public. I am a retired mathematics teacher of LAUSD and retired mathematics instructor of CSULA. Former associate industrial engineer of former Santa Monica McDonnell Douglas Aerospace Corporation.


The Director is one of the three horns of the "or" series.
The concessionaire has been closed on Mondays and Tuesdays. They have been closed on many Thursdays. They are closed often before noon or before 11 a.m. most days when they eventually do open. They close often at 4 p.m. or 5 p.m. or 6 p.m. Often many daylight hours are left. The site is often fully empty of other people on non-weekends and non-holidays, especially when weather is poor for beach users. But those off and closed and near vacant hours could be used by recreational HG individuals in non-event mode, if the Director said "OK". Will the Director say "OK" to me? The site is designated for hang gliding. The site has long history of open HG; but the ordinance got installed and has three avenues of permission. I do not want to interfere with the concession when they are open. I do not want to be at the site on holidays or weekends or when the weather attracts many people to the beach. There are huge portions of time when the site is fully quiet of visitors. I await the Director's reply to my citizen request shown above. In 47 years of hang gliding, I have not hurt another person with my direct activity of hang gliding. Will Los Angeles County let me hang glide at Dockweiler under the Director's supervision on some Mondays at the site designated for hang gliding? Notice that Directors are not supposed to force people to be unfairly burdened to recreate, not suppose to force membership in private organizations. When I ride a bicycle on the beach bikeway, I know I am more dangerous to the other members of the public than when I hang glide at Dockweiler on quiet days; special permission is not even required for my more-dangerous bicycling; the Director allows bicycling for all the public with the proviso that the public ride bicycles in a safe manner.

Beaches and Harbors and other ordinances HERE

Notice that the County over the ordinances protects itself in a fair manner:
17.12.120 - Liability limitations.
A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the County or the District for any injury to person or property resulting therefrom.

(Ord. 2012-0005 § 25, 2012: Ord. 9767 Art. 2 § 27, 1969.)


I await the reply from my County. :wave:
The form automatic reply said that they will contact me soon.
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Re: Los Angeles, California

Postby wingspan33 » Thu Apr 13, 2017 1:50 pm

Great Post Joe!

But I'm wondering how yesterday's meeting with the LA officials went. :?: :?: :?:

Should we be happy? :D

Should we feel neutral? :|

Or, should we feel bad? :cry:
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Re: Los Angeles, California

Postby Frank Colver » Thu Apr 13, 2017 3:24 pm

I'm not Joe but I was at the meeting yesterday. My best estimate would be neutral :| at this time. Some doors have been lightly closed while others remain open.

I told BobK a quote from Wayne Gretzky this morning: "You miss 100% of the shots you don't take".

We are pressing on!

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Re: Los Angeles, California

Postby wingspan33 » Thu Apr 13, 2017 6:03 pm

Thanks for the response Frank. I'll be hoping that more doors open than close.
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