[Rick Masters]

California Recreational Law - Section 846 of the Civil Code
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1051-1100/sb_1072_bill_20140625_chaptered.html

BILL NUMBER: SB 1072 CHAPTERED
BILL TEXT

CHAPTER 52http://ushawks.org/forum/posting.php?mode=edit&f=27&p=14065&sid=8158bac4666ec86891e0336a4459f210#
FILED WITH SECRETARY OF STATE JUNE 25, 2014
APPROVED BY GOVERNOR JUNE 25, 2014
PASSED THE SENATE MAY 1, 2014
PASSED THE ASSEMBLY JUNE 16, 2014
AMENDED IN SENATE APRIL 29, 2014

INTRODUCED BY Senator Fuller

FEBRUARY 19, 2014

An act to amend Section 846 of the Civil Code, relating to real
property.

LEGISLATIVE COUNSEL'S DIGEST

SB 1072, Fuller. Real property: duty of care: recreational
purposes: aviation activities.
Existing law provides that an owner of any estate or interest in
real property owes no duty of care to keep the premises safe for
entry or use by others for any recreational purpose or to give any
warning of hazardous conditions, uses of, structures, or activities
on those premises to persons entering for a recreational purpose,
with certain exceptions. Existing law defines "recreational purpose"
for purposes of this law to mean certain activities, including among
others, hang gliding.
This bill would expand the definition of "recreational purpose" to
include private noncommercial aviation activities.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 846 of the Civil Code is amended to read:
846. An owner of any estate or any other interest in real
property, whether possessory or nonpossessory, owes no duty of care
to keep the premises safe for entry or use by others for any
recreational purpose or to give any warning of hazardous conditions,
uses of, structures, or activities on those premises to persons
entering for a recreational purpose, except as provided in this
section.
A "recreational purpose," as used in this section, includes
activities such as fishing, hunting, camping, water sports, hiking,
spelunking, sport parachuting, riding, including animal riding,
snowmobiling, and all other types of vehicular riding, rock
collecting, sightseeing, picnicking, nature study, nature contacting,
recreational gardening, gleaning, hang gliding, private
noncommercial aviation activities, winter sports, and viewing or
enjoying historical, archaeological, scenic, natural, or scientific
sites.
An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, who gives permission to another
for entry or use for the above purpose upon the premises does not
thereby (a) extend any assurance that the premises are safe for that
purpose, or (b) constitute the person to whom permission has been
granted the legal status of an invitee or licensee to whom a duty of
care is owed, or (c) assume responsibility for or incur liability for
any injury to person or property caused by any act of the person to
whom permission has been granted except as provided in this section.
This section does not limit the liability which otherwise exists
(a) for willful or malicious failure to guard or warn against a
dangerous condition, use, structure or activity; or (b) for injury
suffered in any case where permission to enter for the above purpose
was granted for a consideration other than the consideration, if any,
paid to said landowner by the state, or where consideration has been
received from others for the same purpose; or (c) to any persons who
are expressly invited rather than merely permitted to come upon the
premises by the landowner.
Nothing in this section creates a duty of care or ground of
liability for injury to person or property.
-----------
Clearly, the City of San Diego can and must allow non-commercial, recreational hang gliding activities from a section of the Torrey Pines gliding area.
No insurance can be demanded or required under state law.-- RM

-- Join the US Hawks and regain your individual right to fly. --
        http://ushawks.org/forum/viewtopic.php?f=2&t=1&sid=8158bac4666ec86891e0336a4459f210

[Bob Kuczewski]

WOW Rick!!!

If I don't forget by then, I should definitely include this in my next presentation to the San Diego City Council!!!!!

Thanks for posting this .... now will you consider serving on the US Hawks Board?     

[Rick Masters]

now will you consider serving on the US Hawks Board?

Thanks, Bob, but again, not at this time.
It's no reflection on the Board nor the Hawks nor you.
The problem is with the hang glider pilots.
Until they understand that something is wrong, there is no point.
Nothing will happen. We will only tread water. (And meanwhile, I have other fish to fry.)
What you have done, I consider a tremendous accomplishment on the road to bringing back hang gliding.
You exposed the USHPA. You showed everyone that their organization had turned into something that solo hang gliding pilots should have nothing to do with.
They kicked out a hang glider pilot - you - without good reason.
They found your arguments for procedure and safety irritating. These were grounds for debate, not expulsion. Not grounds for expulsion, at all!
And you had the courage to stand there and take it. And not back down.
I admire that, even in a man who is wrong. But you were right.
They showed everyone that they had the interests of their lawyers - not pilots - in running the show.
All because they had backed themselves into an indefensible box.
Then they egregiously attacked you for attempting to provide hang glider pilots with a reasonable and less expensive alternative.
Not one member of their BOD showed any backbone at all.
Then they lied about it when Forbes told hang gliding pioneer Joe Faust to go form his own alternative organization and they wouldn't bother him.
It was incredibly un-American and monopolistic. It was absolutely reprehensible.
I thanked my lucky stars that I had terminated my membership long ago.
Anyone associated with the USHPA is now tainted. That's just about everybody. Everybody!
And what a circus it has become! Oh, how we have changed!
The big influence, which used to come from the hang gliding membership, now comes from tandem (mostly) paragliding joyriding, insurance contracts and paragliding schools.
None of this really has anything to do with hang gliding as an individual sport.
There is no longer a national hang gliding association in the USA. They gave it away.
But there could be, again. Tomorrow. Because of the way you, BobK, have set up the US Hawks.
No dues. Just register and vote. Just find out if hang glider pilots want their sport back. That's all.
If they would wake up. If they would wise up. It could happen tomorrow.
But they have these rationalizations that they are spoon-fed by their pontiff.
As long as they continue to believe they are better off in an organization dominated by parachutists, joyriding in$tructor$, commercial towing, paragliding $chools (turned into guilds by the outlawing of individual training formerly provided by Observers and Special Observers) and formal competitions, nothing will change.
Solo hang glider pilots who just want to fly don't need that expensive, commercialized baggage.
But until they figure it out, nothing is going to change.
They will only continue to be used and hang gliding will continue to flounder.
The platform of the US Hawks, Bob, has to exclude ALL the corruptive influences.
Otherwise, it won't work. We can't regain what we've lost if we allow ourselves to be dominated again by external commercial influences.
It will be a little painful, but we are not trying to destroy the USHPA.
We just want to pull the solo hang glider pilots out of it.
We want to free them. And ourselves.
The USHPA can keep everything else.

[Bill Cummings]

Wow! Rick very good post. I only wish I could round up my thoughts in type as well as you have above.