Re: [Aus-soaring] Foka incident

2011-05-17 Thread tom claffey
Hi Peter,
I know and understand the case well!
It seems you miss my point, this case was eventually found in favour of the 
club and the club was all OK.
Fine you would think, however it cost them about $80K to that point and had to 
sell gliders to pay the bill!
15 years or so later they are still affected.

The bottom of the harbour would be a start!
Tom




From: Peter F Bradshaw p...@exadios.com
To: aus-soaring@lists.internode.on.net
Sent: Tuesday, 17 May 2011 12:21 PM
Subject: Re: [Aus-soaring] Foka incident

Hi Tom;

I do not know about the Boonah case but I suspect that logic did win in
that case and either you did not understand it or it dictated an result
with which you do not agree.

On Mon, 16 May 2011, tom claffey wrote:

 Unfortunately logic does not always win in the law area.
 Just ask Boonah club members what it cost the club when the family of a tug 
 pilot sued after the wings came off the tug!
 They hadn't even rigged it and the dead pilot had DI'd it!
 Tom



 
 From: Peter F Bradshaw p...@exadios.com
 To: Discussion of issues relating to Soaring in Australia. 
 aus-soaring@lists.internode.on.net
 Sent: Tuesday, 17 May 2011 11:10 AM
 Subject: Re: [Aus-soaring] Foka incident

 Hi Mike;

 On Tue, 17 May 2011, Mike Borgelt wrote:

  At 10:16 PM 16/05/2011, you wrote:
  Hi Ron;
  
  A lawsuit like what? You are responding to a mail that hypothesizes that
  lawsuits are possible. There is no actual lawsuit.
 
  Read it again. He didn't say there was, just that there is the
  possibility in similar situations.

 Hence my use of the word hypothesizes - a word that gives his argument
 more dignity than it deserves.

 
  I sure wouldn't try your legal defence. So are you telling the
  Court, Sir, that even though you knew there was no way of positively
  checking, you signed that the aircraft had been rigged correctly?.

 The second signer is not signing that the aircraft has been rigged
 correctly. The signer is stating that he or she has checked the rigging
 in a competent and reasonable manner. This is a different proposition in
 law and in fact.

 I think the lesson to be learnt from this accident is that, as somebody
 else here has noted, that DI tickets should be issued on a per aircraft
 type basis. Plainly, in this case, neither the riggers nor the people
 who checked the rigging knew how to rig or check this particular
 aircraft type.

 
  It might even be worse than a civil suit which even if you win is
  going to cost thousands to tens of thousands of dollars to defend
  with the loss of time, stress, worry etc. You might run into a
  coroner or Public prosectuor who wants to make a name for him or
  herself and find yourself on a criminal charge.

 What is this? Fear Mongering 101? How did we jump from civil lawsuits to
 criminal proceedings?

 The problem with your argument is that it is one best tailored to the
 idea that the best way to live our lives is to enter a windowless room,
 close and lock the door, and sit quietly in the dark.

 The truth of the matter is that each of us perform actions and take
 risks every day in order to live our lives. Any of us may be sued at
 any time. How far the plaintiff gets is a function of the merit of their
 case. The best defense is to perform in a competent and reasonable
 manner.

 Further the best way to operate our sport is to perform in a competent
 and reasonable manner and cross checking is an important part of this
 paradigm.

 
  Mike
  Borgelt Instruments - manufacturers of quality soaring instruments since 
  1978
  phone Int'l + 61 746 355784
  fax   Int'l + 61 746 358796
  cellphone Int'l + 61 428 355784
 
  email:  mborg...@borgeltinstruments.com
  website: www.borgeltinstruments.com
 

 Cheers


Cheers

-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
keep us guessing. - Sam Kekovich.

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Re: [Aus-soaring] Foka incident

2011-05-17 Thread Peter F Bradshaw
Hi Tom;

So what is the point of the argument now? Is it that Boonah Gliding Club
should be immune from lawsuits?

On Tue, 17 May 2011, tom claffey wrote:

 Hi Peter,
 I know and understand the case well!
 It seems you miss my point, this case was eventually found in favour of the 
 club and the club was all OK.
 Fine you would think, however it cost them about $80K to that point and had 
 to sell gliders to pay the bill!
 15 years or so later they are still affected.

 The bottom of the harbour would be a start!
 Tom


 
 From: Peter F Bradshaw p...@exadios.com
 To: aus-soaring@lists.internode.on.net
 Sent: Tuesday, 17 May 2011 12:21 PM
 Subject: Re: [Aus-soaring] Foka incident

 Hi Tom;

 I do not know about the Boonah case but I suspect that logic did win in
 that case and either you did not understand it or it dictated an result
 with which you do not agree.

 On Mon, 16 May 2011, tom claffey wrote:

  Unfortunately logic does not always win in the law area.
  Just ask Boonah club members what it cost the club when the family of a tug 
  pilot sued after the wings came off the tug!
  They hadn't even rigged it and the dead pilot had DI'd it!
  Tom
 
 
 
  
  From: Peter F Bradshaw p...@exadios.com
  To: Discussion of issues relating to Soaring in Australia. 
  aus-soaring@lists.internode.on.net
  Sent: Tuesday, 17 May 2011 11:10 AM
  Subject: Re: [Aus-soaring] Foka incident
 
  Hi Mike;
 
  On Tue, 17 May 2011, Mike Borgelt wrote:
 
   At 10:16 PM 16/05/2011, you wrote:
   Hi Ron;
   
   A lawsuit like what? You are responding to a mail that hypothesizes that
   lawsuits are possible. There is no actual lawsuit.
  
   Read it again. He didn't say there was, just that there is the
   possibility in similar situations.
 
  Hence my use of the word hypothesizes - a word that gives his argument
  more dignity than it deserves.
 
  
   I sure wouldn't try your legal defence. So are you telling the
   Court, Sir, that even though you knew there was no way of positively
   checking, you signed that the aircraft had been rigged correctly?.
 
  The second signer is not signing that the aircraft has been rigged
  correctly. The signer is stating that he or she has checked the rigging
  in a competent and reasonable manner. This is a different proposition in
  law and in fact.
 
  I think the lesson to be learnt from this accident is that, as somebody
  else here has noted, that DI tickets should be issued on a per aircraft
  type basis. Plainly, in this case, neither the riggers nor the people
  who checked the rigging knew how to rig or check this particular
  aircraft type.
 
  
   It might even be worse than a civil suit which even if you win is
   going to cost thousands to tens of thousands of dollars to defend
   with the loss of time, stress, worry etc. You might run into a
   coroner or Public prosectuor who wants to make a name for him or
   herself and find yourself on a criminal charge.
 
  What is this? Fear Mongering 101? How did we jump from civil lawsuits to
  criminal proceedings?
 
  The problem with your argument is that it is one best tailored to the
  idea that the best way to live our lives is to enter a windowless room,
  close and lock the door, and sit quietly in the dark.
 
  The truth of the matter is that each of us perform actions and take
  risks every day in order to live our lives. Any of us may be sued at
  any time. How far the plaintiff gets is a function of the merit of their
  case. The best defense is to perform in a competent and reasonable
  manner.
 
  Further the best way to operate our sport is to perform in a competent
  and reasonable manner and cross checking is an important part of this
  paradigm.
 
 
  Cheers
 

 Cheers


Cheers

-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
 keep us guessing. - Sam Kekovich.
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Re: [Aus-soaring] Foka incident

2011-05-17 Thread tom claffey
You are the one arguing?
My point is that you can be sued, win, and still lose a lot of money!
Are you a lawyer?
Tom




From: Peter F Bradshaw p...@exadios.com
To: Discussion of issues relating to Soaring in Australia. 
aus-soaring@lists.internode.on.net
Sent: Tuesday, 17 May 2011 8:15 PM
Subject: Re: [Aus-soaring] Foka incident

Hi Tom;

So what is the point of the argument now? Is it that Boonah Gliding Club
should be immune from lawsuits?

On Tue, 17 May 2011, tom claffey wrote:

 Hi Peter,
 I know and understand the case well!
 It seems you miss my point, this case was eventually found in favour of the 
 club and the club was all OK.
 Fine you would think, however it cost them about $80K to that point and had 
 to sell gliders to pay the bill!
 15 years or so later they are still affected.

 The bottom of the harbour would be a start!
 Tom


 
 From: Peter F Bradshaw p...@exadios.com
 To: aus-soaring@lists.internode.on.net
 Sent: Tuesday, 17 May 2011 12:21 PM
 Subject: Re: [Aus-soaring] Foka incident

 Hi Tom;

 I do not know about the Boonah case but I suspect that logic did win in
 that case and either you did not understand it or it dictated an result
 with which you do not agree.

 On Mon, 16 May 2011, tom claffey wrote:

  Unfortunately logic does not always win in the law area.
  Just ask Boonah club members what it cost the club when the family of a tug 
  pilot sued after the wings came off the tug!
  They hadn't even rigged it and the dead pilot had DI'd it!
  Tom
 
 
 
  
  From: Peter F Bradshaw p...@exadios.com
  To: Discussion of issues relating to Soaring in Australia. 
  aus-soaring@lists.internode.on.net
  Sent: Tuesday, 17 May 2011 11:10 AM
  Subject: Re: [Aus-soaring] Foka incident
 
  Hi Mike;
 
  On Tue, 17 May 2011, Mike Borgelt wrote:
 
   At 10:16 PM 16/05/2011, you wrote:
   Hi Ron;
   
   A lawsuit like what? You are responding to a mail that hypothesizes that
   lawsuits are possible. There is no actual lawsuit.
  
   Read it again. He didn't say there was, just that there is the
   possibility in similar situations.
 
  Hence my use of the word hypothesizes - a word that gives his argument
  more dignity than it deserves.
 
  
   I sure wouldn't try your legal defence. So are you telling the
   Court, Sir, that even though you knew there was no way of positively
   checking, you signed that the aircraft had been rigged correctly?.
 
  The second signer is not signing that the aircraft has been rigged
  correctly. The signer is stating that he or she has checked the rigging
  in a competent and reasonable manner. This is a different proposition in
  law and in fact.
 
  I think the lesson to be learnt from this accident is that, as somebody
  else here has noted, that DI tickets should be issued on a per aircraft
  type basis. Plainly, in this case, neither the riggers nor the people
  who checked the rigging knew how to rig or check this particular
  aircraft type.
 
  
   It might even be worse than a civil suit which even if you win is
   going to cost thousands to tens of thousands of dollars to defend
   with the loss of time, stress, worry etc. You might run into a
   coroner or Public prosectuor who wants to make a name for him or
   herself and find yourself on a criminal charge.
 
  What is this? Fear Mongering 101? How did we jump from civil lawsuits to
  criminal proceedings?
 
  The problem with your argument is that it is one best tailored to the
  idea that the best way to live our lives is to enter a windowless room,
  close and lock the door, and sit quietly in the dark.
 
  The truth of the matter is that each of us perform actions and take
  risks every day in order to live our lives. Any of us may be sued at
  any time. How far the plaintiff gets is a function of the merit of their
  case. The best defense is to perform in a competent and reasonable
  manner.
 
  Further the best way to operate our sport is to perform in a competent
  and reasonable manner and cross checking is an important part of this
  paradigm.
 
 
  Cheers
 

 Cheers


Cheers

-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
keep us guessing. - Sam Kekovich.
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Pam Kurstjens
Anyone who countersigns somebody else's rigging is nuts.  Unless they have
observed and checked it every inch of the way, fully understand the glider
type they are signing off for, AND are willing to accept liability.

Why do we expose our fellow glider pilots to this enormous burden of
responsibility?

Pam

 

 

From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew
Gage
Sent: Monday, 16 May 2011 2:01 PM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Foka incident

 

Rolf, in this I agree with Mike - there is no way that a duplicate control
check (or even DI) would have found the problem. Sadly, such a person would
have spent months in court defending themselves, costing them many thousands
with no prospect of any insurance helping them.

 

In practice, the UK do have a 2nd inspection - just with no signature. The
accident report even says this was done !

 

Is it the check that improves safety or the signature 

 

 

On 16/05/2011, at 13:35 , rolf a. buelter wrote:





Yea, way more important to cover your ass against litigation then document a
second chance to get it right!
 
Allays your miserable Mr. Buelter
 
 Date: Mon, 16 May 2011 10:54:25 +1000
 To: aus-soaring@lists.internode.on.net
 From: mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Foka incident
 
 
 Lots of lessons in the Foka crash.
 
 One big one is how fortunate it was the BGA and there was no second 
 sigmnature on the DI after rigging.
 
 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since
1978
 phone Int'l + 61 746 355784
 fax Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784
 
 email: mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com 
 
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 Aus-soaring@lists.internode.on.net
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Geoff Vincent

Pam,

I totally support your sentiments.  Additionally, on several 
occasions I have deliberately left a rigging item undone in full 
view and on three occasions the error was not discovered by the 
second inspector who I might add were all pilots with many years 
experience. They all would have signed off the DI if I hadn't then 
intervened.  From my viewpoint there is no substitute for doing the 
inspection properly yourself and taking full and sole responsibility for that.


Regards,

Geoff V

At 04:56 PM 16/05/2011, Pam Kurstjens wrote:

Content-Type: multipart/alternative;
boundary==_NextPart_000_002E_01CC13EA.39BBB660
Content-Language: en-au

Anyone who countersigns somebody else's rigging is nuts.  Unless 
they have observed and checked it every inch of the way, fully 
understand the glider type they are signing off for, AND are willing 
to accept liability.
Why do we expose our fellow glider pilots to this enormous burden of 
responsibility?

Pam


From: aus-soaring-boun...@lists.internode.on.net 
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew Gage

Sent: Monday, 16 May 2011 2:01 PM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Foka incident

Rolf, in this I agree with Mike - there is no way that a duplicate 
control check (or even DI) would have found the problem. Sadly, such 
a person would have spent months in court defending themselves, 
costing them many thousands with no prospect of any insurance helping them.


In practice, the UK do have a 2nd inspection - just with no 
signature. The accident report even says this was done !


Is it the check that improves safety or the signature 


On 16/05/2011, at 13:35 , rolf a. buelter wrote:


Yea, way more important to cover your ass against litigation then 
document a second chance to get it right!


Allays your miserable Mr. Buelter

 Date: Mon, 16 May 2011 10:54:25 +1000
 To: 
mailto:aus-soaring@lists.internode.on.netaus-soaring@lists.internode.on.net
 From: 
mailto:mborg...@borgeltinstruments.commborg...@borgeltinstruments.com

 Subject: Re: [Aus-soaring] Foka incident


 Lots of lessons in the Foka crash.

 One big one is how fortunate it was the BGA and there was no second
 sigmnature on the DI after rigging.

 Mike
 Borgelt Instruments - manufacturers of quality soaring 
instruments since 1978

 phone Int'l + 61 746 355784
 fax Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784

 email: 
mailto:mborg...@borgeltinstruments.commborg...@borgeltinstruments.com

 website: http://www.borgeltinstruments.comwww.borgeltinstruments.com

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Re: [Aus-soaring] Foka incident

2011-05-16 Thread John Parncutt
Geoff your argument explains precisely why we DO need a second rigging
inspection! Things do get forgotten or missed (especially by more
experienced pilots). I am more than happy to sign off on a duplicate
inspection having made damn sure that it is right, why? Not because the risk
of litigation but because I care about the safety of my fellow pilots and
myself.

 

It is absolutely clear that a second inspection will significantly  reduce
the risk of a mistake.

 

 

John Parncutt

 

  

 

 

From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Geoff
Vincent
Sent: Monday, 16 May 2011 5:31 PM
To: p...@kurstjens.com; Discussion of issues relating to Soaring in
Australia.; 'Discussion of issues relating to Soaring in Australia.'
Subject: Re: [Aus-soaring] Foka incident

 

Pam,

I totally support your sentiments.  Additionally, on several occasions I
have deliberately left a rigging item undone in full view and on three
occasions the error was not discovered by the second inspector who I might
add were all pilots with many years experience. They all would have signed
off the DI if I hadn't then intervened.  From my viewpoint there is no
substitute for doing the inspection properly yourself and taking full and
sole responsibility for that. 

Regards,

Geoff V

At 04:56 PM 16/05/2011, Pam Kurstjens wrote:



Content-Type: multipart/alternative;
 boundary==_NextPart_000_002E_01CC13EA.39BBB660
Content-Language: en-au

Anyone who countersigns somebody else's rigging is nuts.  Unless they have
observed and checked it every inch of the way, fully understand the glider
type they are signing off for, AND are willing to accept liability.
Why do we expose our fellow glider pilots to this enormous burden of
responsibility?
Pam
 
 
From: aus-soaring-boun...@lists.internode.on.net [
mailto:aus-soaring-boun...@lists.internode.on.net
mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew Gage
Sent: Monday, 16 May 2011 2:01 PM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Foka incident
 
Rolf, in this I agree with Mike - there is no way that a duplicate control
check (or even DI) would have found the problem. Sadly, such a person would
have spent months in court defending themselves, costing them many thousands
with no prospect of any insurance helping them.
 
In practice, the UK do have a 2nd inspection - just with no signature. The
accident report even says this was done !
 
Is it the check that improves safety or the signature 
 
 
On 16/05/2011, at 13:35 , rolf a. buelter wrote:


Yea, way more important to cover your ass against litigation then document a
second chance to get it right!
 
Allays your miserable Mr. Buelter
 
 Date: Mon, 16 May 2011 10:54:25 +1000
 To: aus-soaring@lists.internode.on.net
 From: mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Foka incident
 
 
 Lots of lessons in the Foka crash.
 
 One big one is how fortunate it was the BGA and there was no second 
 sigmnature on the DI after rigging.
 
 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since
1978
 phone Int'l + 61 746 355784
 fax Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784
 
 email: mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com 
 
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 Aus-soaring@lists.internode.on.net
 To check or change subscription details, visit:
 http://lists.internode.on.net/mailman/listinfo/aus-soaring
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Peter F Bradshaw
Hi;

In this case, the fact that there was no resonable check for the bottom
pin engagement would be a sufficient defense in any litigation.

On Mon, 16 May 2011, John Parncutt wrote:

 Geoff your argument explains precisely why we DO need a second rigging
 inspection! Things do get forgotten or missed (especially by more
 experienced pilots). I am more than happy to sign off on a duplicate
 inspection having made damn sure that it is right, why? Not because the risk
 of litigation but because I care about the safety of my fellow pilots and
 myself.



 It is absolutely clear that a second inspection will significantly  reduce
 the risk of a mistake.





 John Parncutt









 From: aus-soaring-boun...@lists.internode.on.net
 [mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Geoff
 Vincent
 Sent: Monday, 16 May 2011 5:31 PM
 To: p...@kurstjens.com; Discussion of issues relating to Soaring in
 Australia.; 'Discussion of issues relating to Soaring in Australia.'
 Subject: Re: [Aus-soaring] Foka incident



 Pam,

 I totally support your sentiments.  Additionally, on several occasions I
 have deliberately left a rigging item undone in full view and on three
 occasions the error was not discovered by the second inspector who I might
 add were all pilots with many years experience. They all would have signed
 off the DI if I hadn't then intervened.  From my viewpoint there is no
 substitute for doing the inspection properly yourself and taking full and
 sole responsibility for that.

 Regards,

 Geoff V

 At 04:56 PM 16/05/2011, Pam Kurstjens wrote:



 Content-Type: multipart/alternative;
  boundary==_NextPart_000_002E_01CC13EA.39BBB660
 Content-Language: en-au

 Anyone who countersigns somebody else's rigging is nuts.  Unless they have
 observed and checked it every inch of the way, fully understand the glider
 type they are signing off for, AND are willing to accept liability.
 Why do we expose our fellow glider pilots to this enormous burden of
 responsibility?
 Pam


 From: aus-soaring-boun...@lists.internode.on.net [
 mailto:aus-soaring-boun...@lists.internode.on.net
 mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew Gage
 Sent: Monday, 16 May 2011 2:01 PM
 To: Discussion of issues relating to Soaring in Australia.
 Subject: Re: [Aus-soaring] Foka incident

 Rolf, in this I agree with Mike - there is no way that a duplicate control
 check (or even DI) would have found the problem. Sadly, such a person would
 have spent months in court defending themselves, costing them many thousands
 with no prospect of any insurance helping them.

 In practice, the UK do have a 2nd inspection - just with no signature. The
 accident report even says this was done !

 Is it the check that improves safety or the signature 


 On 16/05/2011, at 13:35 , rolf a. buelter wrote:


 Yea, way more important to cover your ass against litigation then document a
 second chance to get it right!

 Allays your miserable Mr. Buelter

  Date: Mon, 16 May 2011 10:54:25 +1000
  To: aus-soaring@lists.internode.on.net
  From: mborg...@borgeltinstruments.com
  Subject: Re: [Aus-soaring] Foka incident
 
 
  Lots of lessons in the Foka crash.
 
  One big one is how fortunate it was the BGA and there was no second
  sigmnature on the DI after rigging.
 
  Mike
  Borgelt Instruments - manufacturers of quality soaring instruments since
 1978
  phone Int'l + 61 746 355784
  fax Int'l + 61 746 358796
  cellphone Int'l + 61 428 355784
 
  email: mborg...@borgeltinstruments.com
  website: www.borgeltinstruments.com
 

Cheers

-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
 keep us guessing. - Sam Kekovich.
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Ruth Patching


Having saved my life through a duplicate inspection I support the concept of 
dual checks and thorough Daily inspections. (duh ) 



In brief, I was returning a glider to service after maintenance, rigged it and 
due to the nature of the work and the time out of service I was copping a bit 
of ribbing from my friends. I moved the glider away from the group and in the 
quiet had a friend assist with the duplicate inspection. When we got to the 
elevator it didn't work, ie when moving the joystick the elevator didn't move 
!! 



Now this was a bit of a shock, it was a Hornet so miss rigging is pretty well 
damned impossible. 

What had happened, was a person helping during the maintenance had disconnected 
the elevator push rod at a point down  next to the wheel, which cannot be seen 
unless you contort yourself. He didn't tell me he had done it and wasn't around 
when I reassembled the seat pan, hiding it even further. The joystick being 
spring loaded felt connected when moved. 



Duplicate inspections aren't a new thing, they were introduced back at the 
start of WW1. Thats about 100 years ago. Probably for very good reason.  
Checking the correct rigging and the operation of the controls is something 
that just shouldn't be forgotten, overlooked or negated. It isn't rocket 
science. Even if you are on some remote paddock with a motor glider and no one 
is around you can jam the stick and at least check the controls are at least 
connected. 



This has also been highlighted when modern gliders have been incorrectly 
rigged, in some cases main pins not in safety, and in one case I know of, no 
drag pins inserted  and the gliders had been flying for some time. Missed by a 
number of people during subsequent Daily inspections. Much food for thought me 
thinks. 



The Foka accident was indeed tragic and highlights the dangers of flying. It 
also reinforces the old axiom of, if in doubt  check and check again. If still 
in doubt, perhaps not flying might be a good option. 



Thats my two bobs work. 



Cheers 

Patch.  


- Original Message - 
From: John Parncutt jparn...@bigpond.net.au 
To: Discussion of issues relating to Soaring in Australia. 
aus-soaring@lists.internode.on.net 
Sent: Monday, 16 May, 2011 6:46:34 PM GMT +10:00 Canberra / Melbourne / Sydney 
Subject: Re: [Aus-soaring] Foka incident 




Geoff your argument explains precisely why we DO need a second rigging 
inspection! Things do get forgotten or missed (especially by more experienced 
pilots). I am more than happy to sign off on a duplicate inspection having made 
damn sure that it is right, why? Not because the risk of litigation but because 
I care about the safety of my fellow pilots and myself. 



It is absolutely clear that a second inspection will significantly   reduce the 
risk of a mistake. 





John Parncutt 



   







From: aus-soaring-boun...@lists.internode.on.net 
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Geoff Vincent 
Sent: Monday, 16 May 2011 5:31 PM 
To: p...@kurstjens.com; Discussion of issues relating to Soaring in Australia.; 
'Discussion of issues relating to Soaring in Australia.' 
Subject: Re: [Aus-soaring] Foka incident 



Pam, 

I totally support your sentiments.  Additionally, on several occasions I have 
deliberately left a rigging item undone in full view and on three occasions 
the error was not discovered by the second inspector who I might add were all 
pilots with many years experience. They all would have signed off the DI if I 
hadn't then intervened.  From my viewpoint there is no substitute for doing the 
inspection properly yourself and taking full and sole responsibility for that. 

Regards, 

Geoff V 

At 04:56 PM 16/05/2011, Pam Kurstjens wrote: 



Content-Type: multipart/alternative; 
 boundary==_NextPart_000_002E_01CC13EA.39BBB660 
Content-Language: en-au 

Anyone who countersigns somebody else’s rigging is nuts.  Unless they have 
observed and checked it every inch of the way, fully understand the glider type 
they are signing off for, AND are willing to accept liability. 
Why do we expose our fellow glider pilots to this enormous burden of 
responsibility? 
Pam 
  
  
From: aus-soaring-boun...@lists.internode.on.net [ 
mailto:aus-soaring-boun...@lists.internode.on.net ] On Behalf Of Matthew Gage 
Sent: Monday, 16 May 2011 2:01 PM 
To: Discussion of issues relating to Soaring in Australia. 
Subject: Re: [Aus-soaring] Foka incident 
  
Rolf, in this I agree with Mike - there is no way that a duplicate control 
check (or even DI) would have found the problem. Sadly, such a person would 
have spent months in court defending themselves, costing them many thousands 
with no prospect of any insurance helping them. 
  
In practice, the UK do have a 2nd inspection - just with no signature. The 
accident report even says this was done ! 
  
Is it the check that improves safety or the signature  
  
  
On 16/05/2011, at 13:35 , rolf a. buelter

Re: [Aus-soaring] Foka incident

2011-05-16 Thread Pam Kurstjens
What proof is there that a second rigging inspection, done by another pilot
who is not required to have any experience on the type, will 'significantly
reduce the risk of a mistake'? This I suspect is pure conjecture. 

Geoff's email shows that he knows his aircraft, and the other people do not.


There are very few technical experts out there, just glider pilots with a
wide variety of experience levels.

There is even a potential hazard, in that this person might actually loosen
or undo or dislodge the safety on a connection that they are not familiar
with, and I for one will always go back and re-inspect my handiwork after
someone else has had their hands on it.

 

I'm not saying that people don't make mistakes.

I'm not saying that someone else should not help the pilot check things
after rigging, e.g. a positive control check.

I am saying that the there should be only one signature on the maintenance
release.

Pam

 

From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of John
Parncutt
Sent: Monday, 16 May 2011 6:47 PM
To: 'Discussion of issues relating to Soaring in Australia.'
Subject: Re: [Aus-soaring] Foka incident

 

Geoff your argument explains precisely why we DO need a second rigging
inspection! Things do get forgotten or missed (especially by more
experienced pilots). I am more than happy to sign off on a duplicate
inspection having made damn sure that it is right, why? Not because the risk
of litigation but because I care about the safety of my fellow pilots and
myself.

 

It is absolutely clear that a second inspection will significantly  reduce
the risk of a mistake.

 

 

John Parncutt

 

  

 

 

From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Geoff
Vincent
Sent: Monday, 16 May 2011 5:31 PM
To: p...@kurstjens.com; Discussion of issues relating to Soaring in
Australia.; 'Discussion of issues relating to Soaring in Australia.'
Subject: Re: [Aus-soaring] Foka incident

 

Pam,

I totally support your sentiments.  Additionally, on several occasions I
have deliberately left a rigging item undone in full view and on three
occasions the error was not discovered by the second inspector who I might
add were all pilots with many years experience. They all would have signed
off the DI if I hadn't then intervened.  From my viewpoint there is no
substitute for doing the inspection properly yourself and taking full and
sole responsibility for that. 

Regards,

Geoff V

At 04:56 PM 16/05/2011, Pam Kurstjens wrote:

Content-Type: multipart/alternative;
 boundary==_NextPart_000_002E_01CC13EA.39BBB660
Content-Language: en-au

Anyone who countersigns somebody else's rigging is nuts.  Unless they have
observed and checked it every inch of the way, fully understand the glider
type they are signing off for, AND are willing to accept liability.
Why do we expose our fellow glider pilots to this enormous burden of
responsibility?
Pam
 
 
From: aus-soaring-boun...@lists.internode.on.net [
mailto:aus-soaring-boun...@lists.internode.on.net
mailto:aus-soaring-boun...@lists.internode.on.net ] On Behalf Of Matthew
Gage
Sent: Monday, 16 May 2011 2:01 PM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Foka incident
 
Rolf, in this I agree with Mike - there is no way that a duplicate control
check (or even DI) would have found the problem. Sadly, such a person would
have spent months in court defending themselves, costing them many thousands
with no prospect of any insurance helping them.
 
In practice, the UK do have a 2nd inspection - just with no signature. The
accident report even says this was done !
 
Is it the check that improves safety or the signature 
 
 
On 16/05/2011, at 13:35 , rolf a. buelter wrote:


Yea, way more important to cover your ass against litigation then document a
second chance to get it right!
 
Allays your miserable Mr. Buelter
 
 Date: Mon, 16 May 2011 10:54:25 +1000
 To: aus-soaring@lists.internode.on.net
 From: mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Foka incident
 
 
 Lots of lessons in the Foka crash.
 
 One big one is how fortunate it was the BGA and there was no second 
 sigmnature on the DI after rigging.
 
 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since
1978
 phone Int'l + 61 746 355784
 fax Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784
 
 email: mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com 
 
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Jarek Mosiejewski
Hi,

This definitely correct as long as both the person who is responsible for 
rigging the glider and and the one that does second inspection has some 
knowledge / experience with the glider in question. In this instance, according 
to the report, no one involved in rigging the Foka before the accident, had any 
experience to speak of with this aircraft type. 

The other important aspect of the accident is the role of a modified, 
unauthorized rigging tool. Had the original non-cranked T-wrench was used, they 
would not  be able to engage the lower bevel bolt partially using the hand 
force alone.  

Regards
Jarek
 
It is absolutely clear that a second inspection will significantly  reduce the 
risk of a mistake.

 

 

John Parncutt

 

  

 

 

From: aus-soaring-boun...@lists.internode.on.net 
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Geoff Vincent
Sent: Monday, 16 May 2011 5:31 PM
To: p...@kurstjens.com; Discussion of issues relating to Soaring in Australia.; 
'Discussion of issues relating to Soaring in Australia.'
Subject: Re: [Aus-soaring] Foka incident

 

Pam,

I totally support your sentiments.  Additionally, on several occasions I have 
deliberately left a rigging item undone in full view and on three occasions 
the error was not discovered by the second inspector who I might add were all 
pilots with many years experience. They all would have signed off the DI if I 
hadn't then intervened.  From my viewpoint there is no substitute for doing the 
inspection properly yourself and taking full and sole responsibility for that. 

Regards,

Geoff V

At 04:56 PM 16/05/2011, Pam Kurstjens wrote:



Content-Type: multipart/alternative;
 boundary==_NextPart_000_002E_01CC13EA.39BBB660
Content-Language: en-au

Anyone who countersigns somebody else's rigging is nuts.  Unless they have 
observed and checked it every inch of the way, fully understand the glider type 
they are signing off for, AND are willing to accept liability.
Why do we expose our fellow glider pilots to this enormous burden of 
responsibility?
Pam
 
 
From: aus-soaring-boun...@lists.internode.on.net [ 
mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew Gage
Sent: Monday, 16 May 2011 2:01 PM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Foka incident
 
Rolf, in this I agree with Mike - there is no way that a duplicate control 
check (or even DI) would have found the problem. Sadly, such a person would 
have spent months in court defending themselves, costing them many thousands 
with no prospect of any insurance helping them.
 
In practice, the UK do have a 2nd inspection - just with no signature. The 
accident report even says this was done !
 
Is it the check that improves safety or the signature 
 
 
On 16/05/2011, at 13:35 , rolf a. buelter wrote:


Yea, way more important to cover your ass against litigation then document a 
second chance to get it right!
 
Allays your miserable Mr. Buelter
 
 Date: Mon, 16 May 2011 10:54:25 +1000
 To: aus-soaring@lists.internode.on.net
 From: mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Foka incident
 
 
 Lots of lessons in the Foka crash.
 
 One big one is how fortunate it was the BGA and there was no second 
 sigmnature on the DI after rigging.
 
 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since 1978
 phone Int'l + 61 746 355784
 fax Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784
 
 email: mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com 
 
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Ron Sanders
I will never ever ever do this second signature-it is beyond belief
that an organisation would force it members to expose them selves to
the possibility of suit like this. I have to sign enough shit at work
over which i have no control, so to do something like this in my
private life is madness. Unless I do it and control it i dont sign it.

Ron

On 16 May 2011 08:56, Pam Kurstjens p...@kurstjens.com wrote:
 Anyone who countersigns somebody else’s rigging is nuts.  Unless they have
 observed and checked it every inch of the way, fully understand the glider
 type they are signing off for, AND are willing to accept liability.

 Why do we expose our fellow glider pilots to this enormous burden of
 responsibility?

 Pam





 From: aus-soaring-boun...@lists.internode.on.net
 [mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew
 Gage
 Sent: Monday, 16 May 2011 2:01 PM
 To: Discussion of issues relating to Soaring in Australia.
 Subject: Re: [Aus-soaring] Foka incident



 Rolf, in this I agree with Mike - there is no way that a duplicate control
 check (or even DI) would have found the problem. Sadly, such a person would
 have spent months in court defending themselves, costing them many thousands
 with no prospect of any insurance helping them.



 In practice, the UK do have a 2nd inspection - just with no signature. The
 accident report even says this was done !



 Is it the check that improves safety or the signature 





 On 16/05/2011, at 13:35 , rolf a. buelter wrote:

 Yea, way more important to cover your ass against litigation then document a
 second chance to get it right!

 Allays your miserable Mr. Buelter

 Date: Mon, 16 May 2011 10:54:25 +1000
 To: aus-soaring@lists.internode.on.net
 From: mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Foka incident


 Lots of lessons in the Foka crash.

 One big one is how fortunate it was the BGA and there was no second
 sigmnature on the DI after rigging.

 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since
 1978
 phone Int'l + 61 746 355784
 fax Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784

 email: mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com

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 To check or change subscription details, visit:
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Chris Runeckles
Hi Gary

It was not a large Vic club it was B.S.S. in W.A. the rest is true, and the
A/C was totalled as a result, but the pilot was uninjured.
From memory there was a fair bit of legal fur flying around as a result of
the loss of the glider. and an A.D. followed to colour code  all Glasflugel
skew bars as a result of this disaster!

Chris Runeckles

On Mon, May 16, 2011 at 7:20 PM, gstev...@bigpond.com wrote:

  Hi Patch,
 Glad you are still around to tell the story!

 From my viewpoint the following tale is pure hearsay, but maybe you can
 confirm its truth? Perhaps it was reported to the GFA, under accidents and
 incidents??

 Many years ago a Libelle in a large Victorian club was launched after an
 annual inspection. Can't recall the exact story outcome, other than it did
 not go well. Investigation showed that during the Form 2 inspection the
 left and right aileron drives had been removed, and then inadvertently
 refitted, so that the left drive was on the RHS, and vice versa. This had
 the effect of reversing the aileron input! Between assembly and launch, *4
 * control check inspections were made, the first by the inspector doing
 the actual work, and the last by the pilot doing the test flight. Obviously
 the re-assembly mistake was not picked up! Why not? There is much to mull
 over in this story, be it totally true or not!

 However one thing is very clear, and Geoff Vincent, I think, also makes the
 point in his post: It is one thing to LOOK: It is a completely different
 thing to SEE.

 Perhaps a member of  this forum who is a professional Psychologist, might
 like to make comment here?

 Regards,
 Gary




 - Original Message -
 *From:* Ruth Patching patch...@westnet.com.au
 *To:* Discussion of issues relating to Soaring in 
 Australia.aus-soaring@lists.internode.on.net
 *Sent:* Monday, May 16, 2011 7:55 PM
 *Subject:* Re: [Aus-soaring] Foka incident

  Having saved my life through a duplicate inspection I support the concept
 of dual checks and thorough Daily inspections. (duh)



 In brief, I was returning a glider to service after maintenance, rigged it
 and due to the nature of the work and the time out of service I was copping
 a bit of ribbing from my friends. I moved the glider away from the group and
 in the quiet had a friend assist with the duplicate inspection. When we got
 to the elevator it didn't work, ie when moving the joystick the elevator
 didn't move !!



 Now this was a bit of a shock, it was a Hornet so miss rigging is pretty
 well damned impossible.

 What had happened, was a person helping during the maintenance had
 disconnected the elevator push rod at a point down next to the wheel, which
 cannot be seen unless you contort yourself. He didn't tell me he had done it
 and wasn't around when I reassembled the seat pan, hiding it even further.
 The joystick being spring loaded felt connected when moved.



 Duplicate inspections aren't a new thing, they were introduced back at the
 start of WW1. Thats about 100 years ago. Probably for very good
 reason. Checking the correct rigging and the operation of the controls is
 something that just shouldn't be forgotten, overlooked or negated. It isn't
 rocket science. Even if you are on some remote paddock with a motor
 glider and no one is around you can jam the stick and at least check the
 controls are at least connected.



 This has also been highlighted when modern gliders have been incorrectly
 rigged, in some cases main pins not in safety, and in one case I know of, no
 drag pins inserted and the gliders had been flying for some time. Missed by
 a number of people during subsequent Daily inspections. Much food for
 thought me thinks.



 The Foka accident was indeed tragic and highlights the dangers of flying.
 It also reinforces the old axiom of, if in doubt check and check again. If
 still in doubt, perhaps not flying might be a good option.



 Thats my two bobs work.



 Cheers

 Patch.


 - Original Message -
 From: John Parncutt jparn...@bigpond.net.au
 To: Discussion of issues relating to Soaring in Australia. 
 aus-soaring@lists.internode.on.net
 Sent: Monday, 16 May, 2011 6:46:34 PM GMT +10:00 Canberra / Melbourne /
 Sydney
 Subject: Re: [Aus-soaring] Foka incident

  Geoff your argument explains precisely why we DO need a second rigging
 inspection! Things do get forgotten or missed (especially by more
 experienced pilots). I am more than happy to sign off on a duplicate
 inspection having made damn sure that it is right, why? Not because the risk
 of litigation but because I care about the safety of my fellow pilots and
 myself.



 It is absolutely clear that a second inspection will significantly  *
 reduce* the risk of a mistake.





 John Parncutt









 *From:* aus-soaring-boun...@lists.internode.on.net [mailto:
 aus-soaring-boun...@lists.internode.on.net] *On Behalf Of *Geoff Vincent
 *Sent:* Monday, 16 May 2011 5:31 PM
 *To:* p...@kurstjens.com; Discussion of issues relating

Re: [Aus-soaring] Foka incident

2011-05-16 Thread John Parncutt
Does that mean you don't sign the book when you do a daily inspection Ron?
(I'm assuming you have a DI rating) the risks of litigation are the same if
something went wrong and it was deemed in the subsequent inquiry to be as a
result of something missed during the daily inspection. 
A duplicate inspection is just that, a second inspection covering control
and strutural connections why is it any more onerous to sign off on that? 


John  


-Original Message-
From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Ron Sanders
Sent: Monday, 16 May 2011 9:24 PM
To: p...@kurstjens.com; Discussion of issues relating to Soaring in
Australia.
Subject: Re: [Aus-soaring] Foka incident

I will never ever ever do this second signature-it is beyond belief
that an organisation would force it members to expose them selves to
the possibility of suit like this. I have to sign enough shit at work
over which i have no control, so to do something like this in my
private life is madness. Unless I do it and control it i dont sign it.

Ron

On 16 May 2011 08:56, Pam Kurstjens p...@kurstjens.com wrote:
 Anyone who countersigns somebody else’s rigging is nuts.  Unless they have
 observed and checked it every inch of the way, fully understand the glider
 type they are signing off for, AND are willing to accept liability.

 Why do we expose our fellow glider pilots to this enormous burden of
 responsibility?

 Pam





 From: aus-soaring-boun...@lists.internode.on.net
 [mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew
 Gage
 Sent: Monday, 16 May 2011 2:01 PM
 To: Discussion of issues relating to Soaring in Australia.
 Subject: Re: [Aus-soaring] Foka incident



 Rolf, in this I agree with Mike - there is no way that a duplicate control
 check (or even DI) would have found the problem. Sadly, such a person
would
 have spent months in court defending themselves, costing them many
thousands
 with no prospect of any insurance helping them.



 In practice, the UK do have a 2nd inspection - just with no signature. The
 accident report even says this was done !



 Is it the check that improves safety or the signature 





 On 16/05/2011, at 13:35 , rolf a. buelter wrote:

 Yea, way more important to cover your ass against litigation then document
a
 second chance to get it right!

 Allays your miserable Mr. Buelter

 Date: Mon, 16 May 2011 10:54:25 +1000
 To: aus-soaring@lists.internode.on.net
 From: mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Foka incident


 Lots of lessons in the Foka crash.

 One big one is how fortunate it was the BGA and there was no second
 sigmnature on the DI after rigging.

 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since
 1978
 phone Int'l + 61 746 355784
 fax Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784

 email: mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com

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 To check or change subscription details, visit:
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread John Parncutt
I agree that this accident appears to have been inevitable given the chain
of circumstances and that duplicate inspection would not really have played
any part in the outcome.

 

My point is that some of the comments on this forum are suggesting that
duplicate inspections are a bad idea because they carry the risk of
litigation, which I find to be an unfortunate indictment on a modern way of
thinking. A little like the situation where a doctor happens to be on hand
to provide life saving skills at an accident scene, but walks away leaving
the unfortunate victim to die because of the fear of being sued.   

 

I think that it should be fairly obvious that anybody rigging or performing
duplicate checking of a glider should have some knowledge of that gliders
particular control and structural connections. If they don't they should get
advice from someone who does, or is able to correctly interpret the gliders
operating manual.  The function of the duplicate inspector should be to go
through all control and structural connections and also check correct sense
of controls. If they find anything that concerns them they should bring that
to the attention on the person who rigged and initially inspected the
glider.

 

John

 

 

 

 

 

 

From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Jarek
Mosiejewski
Sent: Monday, 16 May 2011 8:39 PM
To: 'Discussion of issues relating to Soaring in Australia.'
Subject: Re: [Aus-soaring] Foka incident

 

Hi,

 

This definitely correct as long as both the person who is responsible for
rigging the glider and and the one that does second inspection has some
knowledge / experience with the glider in question. In this instance,
according to the report, no one involved in rigging the Foka before the
accident, had any experience to speak of with this aircraft type. 

 

The other important aspect of the accident is the role of a modified,
unauthorized rigging tool. Had the original non-cranked T-wrench was used,
they would not  be able to engage the lower bevel bolt partially using the
hand force alone.  

 

Regards

Jarek

 

It is absolutely clear that a second inspection will significantly  reduce
the risk of a mistake.

 

 

John Parncutt

 

  

 

 

From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Geoff
Vincent
Sent: Monday, 16 May 2011 5:31 PM
To: p...@kurstjens.com; Discussion of issues relating to Soaring in
Australia.; 'Discussion of issues relating to Soaring in Australia.'
Subject: Re: [Aus-soaring] Foka incident

 

Pam,

I totally support your sentiments.  Additionally, on several occasions I
have deliberately left a rigging item undone in full view and on three
occasions the error was not discovered by the second inspector who I might
add were all pilots with many years experience. They all would have signed
off the DI if I hadn't then intervened.  From my viewpoint there is no
substitute for doing the inspection properly yourself and taking full and
sole responsibility for that. 

Regards,

Geoff V

At 04:56 PM 16/05/2011, Pam Kurstjens wrote:

Content-Type: multipart/alternative;
 boundary==_NextPart_000_002E_01CC13EA.39BBB660
Content-Language: en-au

Anyone who countersigns somebody else's rigging is nuts.  Unless they have
observed and checked it every inch of the way, fully understand the glider
type they are signing off for, AND are willing to accept liability.
Why do we expose our fellow glider pilots to this enormous burden of
responsibility?
Pam
 
 
From: aus-soaring-boun...@lists.internode.on.net [
mailto:aus-soaring-boun...@lists.internode.on.net
mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew Gage
Sent: Monday, 16 May 2011 2:01 PM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Foka incident
 
Rolf, in this I agree with Mike - there is no way that a duplicate control
check (or even DI) would have found the problem. Sadly, such a person would
have spent months in court defending themselves, costing them many thousands
with no prospect of any insurance helping them.
 
In practice, the UK do have a 2nd inspection - just with no signature. The
accident report even says this was done !
 
Is it the check that improves safety or the signature 
 
 
On 16/05/2011, at 13:35 , rolf a. buelter wrote:


Yea, way more important to cover your ass against litigation then document a
second chance to get it right!
 
Allays your miserable Mr. Buelter
 
 Date: Mon, 16 May 2011 10:54:25 +1000
 To: aus-soaring@lists.internode.on.net
 From: mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Foka incident
 
 
 Lots of lessons in the Foka crash.
 
 One big one is how fortunate it was the BGA and there was no second 
 sigmnature on the DI after rigging.
 
 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since
1978
 phone Int'l + 61 746

Re: [Aus-soaring] Foka incident

2011-05-16 Thread Ruth Patching
Hi Gary and Chris and all, 

Also happened to a Hornet, same thing, 4 independent inspections. Blaniks were 
also good in that it was easy to reverse the rudder when re cabling. 

Good point, what are you looking for? I have seen/heard too many instances 
where things are observed by pure chance. 

A story, We used Super Cubs for a long time at Bacchus Marsh. One day I noticed 
one of them taxiing to the line was more nose high on the ground than normal. 
Not a lot but enough. I mentioned to the clubs duty pilot that the Cub was 
broken, more than likely one of the bolts holding the tail wheel assembly had 
sheared off. Being from one of the other clubs he told me everything was OK in 
his eyes. I suggested that he might want to go and have a look, if nothing to 
prove me wrong. Anyway he did go and have a look and surprise, I was right. He 
came back and asked me how I knew that something was wrong. 

Some years before I had noticed the same thing but didn't say anything. On the 
next flight the glider pilots were surprised to see the tail wheel assembly 
detach itself and fall away, never to be found. An expensive mistake. 

Our best instrument is eyeball mark one. When rigging and or inspecting it is 
important to train yourself to OBSERVE what you are looking at. Slow down, 
don't feel pressured, like me, remove the glider from the onlookers if needed 
and start again. If you don't know the type ask the owner to walk around with 
you while asking questions. Too many haven't in the past, and that's the sad 
part. 

Patch 

- Original Message - 
From: gstev...@bigpond.com 
To: Discussion of issues relating to Soaring in Australia. 
aus-soaring@lists.internode.on.net 
Sent: Monday, 16 May, 2011 9:20:03 PM (GMT+1000) Auto-Detected 
Subject: Re: [Aus-soaring] Foka incident 

 
Hi Patch, 
Glad you are still around to tell the story! 

From my viewpoint the following tale is pure hearsay, but maybe you can 
confirm its truth? Perhaps it was reported to the GFA, under accidents and 
incidents?? 

Many years ago a Libelle in a large Victorian club was launched after an annual 
inspection. Can't recall the exact story outcome, other than it did not go 
well. Investigation showed that during the Form 2 inspection the left and 
right aileron drives had been removed, and then inadvertently refitted, so that 
the left drive was on the RHS, and vice versa. This had the effect of reversing 
the aileron input! Between assembly and launch, 4 control check inspections 
were made, the first by the inspector doing the actual work, and the last by 
the pilot doing the test flight. Obviously the re-assembly mistake was not 
picked up! Why not? There is much to mull over in this story, be it totally 
true or not! 

However one thing is very clear, and Geoff Vincent, I think, also makes the 
point in his post: It is one thing to LOOK: It is a completely different thing 
to SEE. 

Perhaps a member of this forum who is a professional Psychologist, might like 
to make comment here? 

Regards, 
Gary 





- Original Message - 
From: Ruth Patching 
To: Discussion of issues relating to Soaring in Australia. 
Sent: Monday, May 16, 2011 7:55 PM 
Subject: Re: [Aus-soaring] Foka incident 




Having saved my life through a duplicate inspection I support the concept of 
dual checks and thorough Daily inspections. (duh) 



In brief, I was returning a glider to service after maintenance, rigged it and 
due to the nature of the work and the time out of service I was copping a bit 
of ribbing from my friends. I moved the glider away from the group and in the 
quiet had a friend assist with the duplicate inspection. When we got to the 
elevator it didn't work, ie when moving the joystick the elevator didn't move 
!! 



Now this was a bit of a shock, it was a Hornet so miss rigging is pretty well 
damned impossible. 

What had happened, was a person helping during the maintenance had disconnected 
the elevator push rod at a point down next to the wheel, which cannot be seen 
unless you contort yourself. He didn't tell me he had done it and wasn't around 
when I reassembled the seat pan, hiding it even further. The joystick being 
spring loaded felt connected when moved. 



Duplicate inspections aren't a new thing, they were introduced back at the 
start of WW1. Thats about 100 years ago. Probably for very good reason. 
Checking the correct rigging and the operation of the controls is something 
that just shouldn't be forgotten, overlooked or negated. It isn't rocket 
science. Even if you are on some remote paddock with a motor glider and no one 
is around you can jam the stick and at least check the controls are at least 
connected. 



This has also been highlighted when modern gliders have been incorrectly 
rigged, in some cases main pins not in safety, and in one case I know of, no 
drag pins inserted and the gliders had been flying for some time. Missed by a 
number of people during subsequent Daily inspections. Much

Re: [Aus-soaring] Foka incident

2011-05-16 Thread Ruth Patching
Jarek, 

You are so right there about the T handle. Would have been pretty obvious 
something was wrong. 

Patch 
- Original Message - 
From: Jarek Mosiejewski jar...@optusnet.com.au 
To: Discussion of issues relating to Soaring in Australia. 
aus-soaring@lists.internode.on.net 
Sent: Monday, 16 May, 2011 8:39:18 PM (GMT+1000) Auto-Detected 
Subject: Re: [Aus-soaring] Foka incident 


Hi, 

This definitely correct as long as both the person who is responsible for 
rigging the glider and and the one that does second inspection has some 
knowledge / experience with the glider in question. In this instance, according 
to the report, no one involved in rigging the Foka before the accident, had any 
experience to speak of with this aircraft type. 

The other important aspect of the accident is the role of a modified, 
unauthorized rigging tool. Had the original non-cranked T-wrench was used, they 
would not be able to engage the lower bevel bolt partially using the hand force 
alone. 

Regards 
Jarek 



It is absolutely clear that a second inspection will significantly reduce the 
risk of a mistake. 





John Parncutt 











From: aus-soaring-boun...@lists.internode.on.net 
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Geoff Vincent 
Sent: Monday, 16 May 2011 5:31 PM 
To: p...@kurstjens.com; Discussion of issues relating to Soaring in Australia.; 
'Discussion of issues relating to Soaring in Australia.' 
Subject: Re: [Aus-soaring] Foka incident 



Pam, 

I totally support your sentiments. Additionally, on several occasions I have 
deliberately left a rigging item undone in full view and on three occasions 
the error was not discovered by the second inspector who I might add were all 
pilots with many years experience. They all would have signed off the DI if I 
hadn't then intervened. From my viewpoint there is no substitute for doing the 
inspection properly yourself and taking full and sole responsibility for that. 

Regards, 

Geoff V 

At 04:56 PM 16/05/2011, Pam Kurstjens wrote: 



Content-Type: multipart/alternative; 
boundary==_NextPart_000_002E_01CC13EA.39BBB660 
Content-Language: en-au 

Anyone who countersigns somebody else’s rigging is nuts. Unless they have 
observed and checked it every inch of the way, fully understand the glider type 
they are signing off for, AND are willing to accept liability. 
Why do we expose our fellow glider pilots to this enormous burden of 
responsibility? 
Pam 


From: aus-soaring-boun...@lists.internode.on.net [ 
mailto:aus-soaring-boun...@lists.internode.on.net ] On Behalf Of Matthew Gage 
Sent: Monday, 16 May 2011 2:01 PM 
To: Discussion of issues relating to Soaring in Australia. 
Subject: Re: [Aus-soaring] Foka incident 

Rolf, in this I agree with Mike - there is no way that a duplicate control 
check (or even DI) would have found the problem. Sadly, such a person would 
have spent months in court defending themselves, costing them many thousands 
with no prospect of any insurance helping them. 

In practice, the UK do have a 2nd inspection - just with no signature. The 
accident report even says this was done ! 

Is it the check that improves safety or the signature  


On 16/05/2011, at 13:35 , rolf a. buelter wrote: 


Yea, way more important to cover your ass against litigation then document a 
second chance to get it right! 

Allays your miserable Mr. Buelter 

 Date: Mon, 16 May 2011 10:54:25 +1000 
 To: aus-soaring@lists.internode.on.net 
 From: mborg...@borgeltinstruments.com 
 Subject: Re: [Aus-soaring] Foka incident 
 
 
 Lots of lessons in the Foka crash. 
 
 One big one is how fortunate it was the BGA and there was no second 
 sigmnature on the DI after rigging. 
 
 Mike 
 Borgelt Instruments - manufacturers of quality soaring instruments since 1978 
 phone Int'l + 61 746 355784 
 fax Int'l + 61 746 358796 
 cellphone Int'l + 61 428 355784 
 
 email: mborg...@borgeltinstruments.com 
 website: www.borgeltinstruments.com 
 
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Laurie Simpkins
 in Sweden behind a Super Cub that had a rope 
 reel, not sure if it was Tost.
 
 On the second flight the rope did no fully unwind, as a consequence I 
 was towed at approx 20m behind the aircraft, made for a very 
 interesting flight. I'm not sure if a novice would have coped, even 
 the instructor had a job staying in position.
 
 
  -Original Message-
  From: aus-soaring-boun...@lists.internode.on.net
  [mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Roger Druce
  Sent: Monday, 16 May 2011 3:16 PM
  To: Discussion of issues relating to Soaring in Australia.
  Subject: [Aus-soaring] Tug tow rope reeling in kit  operation
 
  I was wondering if there was any operator in Australia already employing
  Tost tow rope reeling in kit with their tug aircraft so as to retract
  the rope for descent  landing.
 
  How has the experience been both in regard to the equipment fitted to
  the tug and also the operational benefits/problems?
 
  Reply to group or privately as you feel.
 
  Thanks
 
  Roger Druce
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 --
 
 Message: 3
 Date: Mon, 16 May 2011 16:56:30 +1000
 From: Pam Kurstjens p...@kurstjens.com
 Subject: Re: [Aus-soaring] Foka incident
 To: 'Discussion of issues relating to Soaring in Australia.'
 aus-soaring@lists.internode.on.net
 Message-ID: 002d01cc1396$680fa660$382ef320$@com
 Content-Type: text/plain; charset=us-ascii
 
 Anyone who countersigns somebody else's rigging is nuts. Unless they have
 observed and checked it every inch of the way, fully understand the glider
 type they are signing off for, AND are willing to accept liability.
 
 Why do we expose our fellow glider pilots to this enormous burden of
 responsibility?
 
 Pam
 
 
 
 
 
 From: aus-soaring-boun...@lists.internode.on.net
 [mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Matthew
 Gage
 Sent: Monday, 16 May 2011 2:01 PM
 To: Discussion of issues relating to Soaring in Australia.
 Subject: Re: [Aus-soaring] Foka incident
 
 
 
 Rolf, in this I agree with Mike - there is no way that a duplicate control
 check (or even DI) would have found the problem. Sadly, such a person would
 have spent months in court defending themselves, costing them many thousands
 with no prospect of any insurance helping them.
 
 
 
 In practice, the UK do have a 2nd inspection - just with no signature. The
 accident report even says this was done !
 
 
 
 Is it the check that improves safety or the signature 
 
 
 
 
 
 On 16/05/2011, at 13:35 , rolf a. buelter wrote:
 
 
 
 
 
 Yea, way more important to cover your ass against litigation then document a
 second chance to get it right!
 
 Allays your miserable Mr. Buelter
 
  Date: Mon, 16 May 2011 10:54:25 +1000
  To: aus-soaring@lists.internode.on.net
  From: mborg...@borgeltinstruments.com
  Subject: Re: [Aus-soaring] Foka incident
  
  
  Lots of lessons in the Foka crash.
  
  One big one is how fortunate it was the BGA and there was no second 
  sigmnature on the DI after rigging.
  
  Mike
  Borgelt Instruments - manufacturers of quality soaring instruments since
 1978
  phone Int'l + 61 746 355784
  fax Int'l + 61 746 358796
  cellphone Int'l + 61 428 355784
  
  email: mborg...@borgeltinstruments.com
  website: www.borgeltinstruments.com 
  
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 Message: 4
 Date: Mon, 16 May 2011 17:16:24 +1000
 From: Mike Borgelt mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Tug tow rope reeling in kit  operation
 To: Discussion of issues relating to Soaring in Australia.
 aus-soaring@lists.internode.on.net
 Message-ID: 7bca94$6vk...@ipmail05.adl6.internode.on.net
 Content-Type: text/plain; charset=us-ascii; format=flowed
 
 At 04:37 PM 16/05/2011, you wrote:
 I have flown a DG1000 in Sweden behind a Super Cub that had a rope
 reel, not sure if it was Tost.
 
 On the second flight the rope did no fully unwind

Re: [Aus-soaring] Foka incident

2011-05-16 Thread gstevo10
John,
Very nicely put.

I also tend to agree with the sentiments expressed by Geoff Vincent,  Ian 
Patching, and Steve Deadman, which would (almost) seem like a contradiction in 
terms. However do keep in mind that in a gathering of 10 glider pilots we might 
get 15 different opinions on any given subject.

Matt Gage (and others), have told us that a wing frequency test will pick-up a 
cone disengagement problem in all aircraft that use this method for securing 
the wings. I think this is extremely valuable information, and is one of the 
most important outcomes to date ensuing from the setting up this forum. Thank 
you Simon. If we can save one life and all that .

As a small aside, I have rigged an IS 28B2 now and again (thank God not on a 
regular basis), but enough to know how it all works. This aircraft uses the 
same principle as the Foka. In my opinion the principle works very well. I must 
point out however that in the case of the IS 28B2 everything is clearly visible.

To move on, it is now very apparent that in order to prevent a re-occurrence of 
this accident it is essential that the regulating authorities take on board  
the information on wing frequency, and disseminate it all the owners of gliders 
that use this connection method.

Is it possible for members of this forum who have had the experience, to give 
us some typical wing frequency figures for cones engaged, as opposed to cones 
disengaged, for various aircraft, and in particular the Foka? If not can 
experiments be done to give us some guide lines?
 
Gary
  - Original Message - 
  From: John Parncutt 
  To: 'Jarek Mosiejewski' ; 'Discussion of issues relating to Soaring in 
Australia.' 
  Sent: Monday, May 16, 2011 10:23 PM
  Subject: Re: [Aus-soaring] Foka incident


  I agree that this accident appears to have been inevitable given the chain of 
circumstances and that duplicate inspection would not really have played any 
part in the outcome.

   

  My point is that some of the comments on this forum are suggesting that 
duplicate inspections are a bad idea because they carry the risk of litigation, 
which I find to be an unfortunate indictment on a modern way of thinking. A 
little like the situation where a doctor happens to be on hand to provide life 
saving skills at an accident scene, but walks away leaving the unfortunate 
victim to die because of the fear of being sued.   

   

  I think that it should be fairly obvious that anybody rigging or performing 
duplicate checking of a glider should have some knowledge of that gliders 
particular control and structural connections. If they don't they should get 
advice from someone who does, or is able to correctly interpret the gliders 
operating manual.  The function of the duplicate inspector should be to go 
through all control and structural connections and also check correct sense of 
controls. If they find anything that concerns them they should bring that to 
the attention on the person who rigged and initially inspected the glider.

   

  John

   

   

   

   

   

   

  From: aus-soaring-boun...@lists.internode.on.net 
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Jarek 
Mosiejewski
  Sent: Monday, 16 May 2011 8:39 PM
  To: 'Discussion of issues relating to Soaring in Australia.'
  Subject: Re: [Aus-soaring] Foka incident

   

  Hi,

   

  This definitely correct as long as both the person who is responsible for 
rigging the glider and and the one that does second inspection has some 
knowledge / experience with the glider in question. In this instance, according 
to the report, no one involved in rigging the Foka before the accident, had any 
experience to speak of with this aircraft type. 

   

  The other important aspect of the accident is the role of a modified, 
unauthorized rigging tool. Had the original non-cranked T-wrench was used, they 
would not  be able to engage the lower bevel bolt partially using the hand 
force alone.  

   

  Regards

  Jarek

   

  It is absolutely clear that a second inspection will significantly  reduce 
the risk of a mistake.

   

   

  John Parncutt

   



   

   

  From: aus-soaring-boun...@lists.internode.on.net 
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Geoff Vincent
  Sent: Monday, 16 May 2011 5:31 PM
  To: p...@kurstjens.com; Discussion of issues relating to Soaring in 
Australia.; 'Discussion of issues relating to Soaring in Australia.'
  Subject: Re: [Aus-soaring] Foka incident

   

  Pam,

  I totally support your sentiments.  Additionally, on several occasions I have 
deliberately left a rigging item undone in full view and on three occasions 
the error was not discovered by the second inspector who I might add were all 
pilots with many years experience. They all would have signed off the DI if I 
hadn't then intervened.  From my viewpoint there is no substitute for doing 
the inspection properly yourself and taking full and sole

Re: [Aus-soaring] Foka incident

2011-05-16 Thread Mike Borgelt

At 06:46 PM 16/05/2011, you wrote:

Content-Type: multipart/alternative;
boundary==_NextPart_000_002B_01CC13F9.94B0C920
Content-Language: en-au

Geoff your argument explains precisely why we DO need a second 
rigging inspection! Things do get forgotten or missed (especially by 
more experienced pilots). I am more than happy to sign off on a 
duplicate inspection having made damn sure that it is right, why? 
Not because the risk of litigation but because I care about the 
safety of my fellow pilots and myself.


It is absolutely clear that a second inspection will 
significantly  reduce the risk of a mistake.



John Parncutt






So Geoff has run the experiment and because the results don't fit 
your pre/mis conceptions you dismiss the observational evidence.

You aren't a climate scientist by any chance are you?

Mike

Borgelt Instruments - manufacturers of quality soaring instruments since 1978
phone Int'l + 61 746 355784
fax   Int'l + 61 746 358796
cellphone Int'l + 61 428 355784

email:   mborg...@borgeltinstruments.com
website: www.borgeltinstruments.com 


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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Mike Borgelt

At 10:02 PM 16/05/2011, you wrote:

Hi Gary

It was not a large Vic club it was B.S.S. in W.A. the rest is true, 
and the A/C was totalled as a result, but the pilot was uninjured.
From memory there was a fair bit of legal fur flying around as a 
result of the loss of the glider. and an A.D. followed to colour 
code  all Glasflugel skew bars as a result of this disaster!


Chris Runeckles


Chris,

It happened again at Benalla with a Hornet.
Catch up in the next 10 days or so? Will be in Perth this evening.

Mike
Borgelt Instruments - manufacturers of quality soaring instruments since 1978
phone Int'l + 61 746 355784
fax   Int'l + 61 746 358796
cellphone Int'l + 61 428 355784

email:   mborg...@borgeltinstruments.com
website: www.borgeltinstruments.com 


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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Mike Borgelt

At 10:16 PM 16/05/2011, you wrote:

Hi Ron;

A lawsuit like what? You are responding to a mail that hypothesises that
lawsuits are possible. There is no actual lawsuit.


Read it again. He didn't say there was, just that there is the 
possibility in similar situations.


I sure wouldn't try your legal defence. So are you telling the 
Court, Sir, that even though you knew there was no way of positively 
checking, you signed that the aircraft had been rigged correctly?.


It might even be worse than a civil suit which even if you win is 
going to cost thousands to tens of thousands of dollars to defend 
with the loss of time, stress, worry etc. You might run into a 
coroner or Public prosectuor who wants to make a name for him or 
herself and find yourself on a criminal charge.


Mike
Borgelt Instruments - manufacturers of quality soaring instruments since 1978
phone Int'l + 61 746 355784
fax   Int'l + 61 746 358796
cellphone Int'l + 61 428 355784

email:   mborg...@borgeltinstruments.com
website: www.borgeltinstruments.com 


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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Peter F Bradshaw
Hi Mike;

On Tue, 17 May 2011, Mike Borgelt wrote:

 At 10:16 PM 16/05/2011, you wrote:
 Hi Ron;
 
 A lawsuit like what? You are responding to a mail that hypothesizes that
 lawsuits are possible. There is no actual lawsuit.

 Read it again. He didn't say there was, just that there is the
 possibility in similar situations.

Hence my use of the word hypothesizes - a word that gives his argument
more dignity than it deserves.


 I sure wouldn't try your legal defence. So are you telling the
 Court, Sir, that even though you knew there was no way of positively
 checking, you signed that the aircraft had been rigged correctly?.

The second signer is not signing that the aircraft has been rigged
correctly. The signer is stating that he or she has checked the rigging
in a competent and reasonable manner. This is a different proposition in
law and in fact.

I think the lesson to be learnt from this accident is that, as somebody
else here has noted, that DI tickets should be issued on a per aircraft
type basis. Plainly, in this case, neither the riggers nor the people
who checked the rigging knew how to rig or check this particular
aircraft type.


 It might even be worse than a civil suit which even if you win is
 going to cost thousands to tens of thousands of dollars to defend
 with the loss of time, stress, worry etc. You might run into a
 coroner or Public prosectuor who wants to make a name for him or
 herself and find yourself on a criminal charge.

What is this? Fear Mongering 101? How did we jump from civil lawsuits to
criminal proceedings?

The problem with your argument is that it is one best tailored to the
idea that the best way to live our lives is to enter a windowless room,
close and lock the door, and sit quietly in the dark.

The truth of the matter is that each of us perform actions and take
risks every day in order to live our lives. Any of us may be sued at
any time. How far the plaintiff gets is a function of the merit of their
case. The best defense is to perform in a competent and reasonable
manner.

Further the best way to operate our sport is to perform in a competent
and reasonable manner and cross checking is an important part of this
paradigm.


 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since 1978
 phone Int'l + 61 746 355784
 fax   Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784

 email:   mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com


Cheers

-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
 keep us guessing. - Sam Kekovich.
___
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Aus-soaring@lists.internode.on.net
To check or change subscription details, visit:
http://lists.internode.on.net/mailman/listinfo/aus-soaring


Re: [Aus-soaring] Foka incident

2011-05-16 Thread Mike Borgelt

At 11:10 AM 17/05/2011, you wrote:

Hi Mike;

On Tue, 17 May 2011, Mike Borgelt wrote:

 At 10:16 PM 16/05/2011, you wrote:
 Hi Ron;
 
 A lawsuit like what? You are responding to a mail that hypothesizes that
 lawsuits are possible. There is no actual lawsuit.

 Read it again. He didn't say there was, just that there is the
 possibility in similar situations.

Hence my use of the word hypothesizes - a word that gives his argument
more dignity than it deserves.


 I sure wouldn't try your legal defence. So are you telling the
 Court, Sir, that even though you knew there was no way of positively
 checking, you signed that the aircraft had been rigged correctly?.

The second signer is not signing that the aircraft has been rigged
correctly. The signer is stating that he or she has checked the rigging
in a competent and reasonable manner. This is a different proposition in
law and in fact.

I think the lesson to be learnt from this accident is that, as somebody
else here has noted, that DI tickets should be issued on a per aircraft
type basis. Plainly, in this case, neither the riggers nor the people
who checked the rigging knew how to rig or check this particular
aircraft type.


 It might even be worse than a civil suit which even if you win is
 going to cost thousands to tens of thousands of dollars to defend
 with the loss of time, stress, worry etc. You might run into a
 coroner or Public prosectuor who wants to make a name for him or
 herself and find yourself on a criminal charge.

What is this? Fear Mongering 101? How did we jump from civil lawsuits to
criminal proceedings?

The problem with your argument is that it is one best tailored to the
idea that the best way to live our lives is to enter a windowless room,
close and lock the door, and sit quietly in the dark.

The truth of the matter is that each of us perform actions and take
risks every day in order to live our lives. Any of us may be sued at
any time. How far the plaintiff gets is a function of the merit of their
case. The best defense is to perform in a competent and reasonable
manner.

Further the best way to operate our sport is to perform in a competent
and reasonable manner and cross checking is an important part of this
paradigm.



Great , you want to introduce even more bureaucracy and bullshit into 
a sport already suffering from a surfeit of it. In powered aviation 
there is no DI ticket. It comes with the PPL.
Regardless of whether somebody signed the maintenance release the 
normal practice is to do a pre-flight inspection before getting in to 
fly. This is the same as what you do in a DI.
You don't have to find some other qualified person to verify the oil 
level or the fuel quantity, both of which could easily result in 
outcomes similar to incorrect rigging.


Once you take off you are the person solely responsible for your 
actions, why should it be any different during flight preparation?


Many of the  people here are missing the point. If you feel 
comfortable having someone else inspect your rigging work then you 
are free to find someone to do that. Nobody will stop you. What some 
people here are objecting to is the compulsion to find another person 
to SIGN for it and risk their hull and 3rd party insurance if they 
can't don't get that signature. The Maintenance Release is a legal 
document. A signature would likely carry more weight than Fred had a 
look and said he couldn't find anything wrong with it.. This seems 
an unnecessary risk to your fortune and maybe freedom for something 
that is of no advantage to you. If you think these bad legal outcomes 
can't happen I feel sorry for you. I'll take a legal risk for earning 
a living or some other thing that benefits me. I won't do so so that 
someone else can get a benefit that puts me at risk and I would not 
expect anyone else to do so for me.


In any case the reason the second signature requirement is there is 
most likely that it was done to make it more difficult for people to 
fly outside gliding clubs. I'm not aware of any rigging error 
accidents in the immediate period leading up to the introduction of 
this requirement. This, of course, is utterly hypocritical of an 
organisation which won't investigate and publish accident reports for 
fear of litigation.
I'm sure the GFA nomenklatura and their minions are very active. Pity 
there is little achievement, particularly in the safety sphere. We've 
learned more about safety here in the last couple of days than has 
come out of the GFA in a long time


We just had someone admit to taking off the retractable towrope 
jammed in the tug.  Depending where this happened he may have just 
lost his backup release ability. Here's another possibility: As the 
combination is approaching the fence it unjams and pays out. The 
glider is now not gaining energy and may hit the fence. When the rope 
pays out completely it may break from the sudden jerk. Even if these 
things don't happen he's now in a higher than normal 

Re: [Aus-soaring] Foka incident

2011-05-16 Thread tom claffey
Unfortunately logic does not always win in the law area.
Just ask Boonah club members what it cost the club when the family of a tug 
pilot sued after the wings came off the tug!
They hadn't even rigged it and the dead pilot had DI'd it!
Tom




From: Peter F Bradshaw p...@exadios.com
To: Discussion of issues relating to Soaring in Australia. 
aus-soaring@lists.internode.on.net
Sent: Tuesday, 17 May 2011 11:10 AM
Subject: Re: [Aus-soaring] Foka incident

Hi Mike;

On Tue, 17 May 2011, Mike Borgelt wrote:

 At 10:16 PM 16/05/2011, you wrote:
 Hi Ron;
 
 A lawsuit like what? You are responding to a mail that hypothesizes that
 lawsuits are possible. There is no actual lawsuit.

 Read it again. He didn't say there was, just that there is the
 possibility in similar situations.

Hence my use of the word hypothesizes - a word that gives his argument
more dignity than it deserves.


 I sure wouldn't try your legal defence. So are you telling the
 Court, Sir, that even though you knew there was no way of positively
 checking, you signed that the aircraft had been rigged correctly?.

The second signer is not signing that the aircraft has been rigged
correctly. The signer is stating that he or she has checked the rigging
in a competent and reasonable manner. This is a different proposition in
law and in fact.

I think the lesson to be learnt from this accident is that, as somebody
else here has noted, that DI tickets should be issued on a per aircraft
type basis. Plainly, in this case, neither the riggers nor the people
who checked the rigging knew how to rig or check this particular
aircraft type.


 It might even be worse than a civil suit which even if you win is
 going to cost thousands to tens of thousands of dollars to defend
 with the loss of time, stress, worry etc. You might run into a
 coroner or Public prosectuor who wants to make a name for him or
 herself and find yourself on a criminal charge.

What is this? Fear Mongering 101? How did we jump from civil lawsuits to
criminal proceedings?

The problem with your argument is that it is one best tailored to the
idea that the best way to live our lives is to enter a windowless room,
close and lock the door, and sit quietly in the dark.

The truth of the matter is that each of us perform actions and take
risks every day in order to live our lives. Any of us may be sued at
any time. How far the plaintiff gets is a function of the merit of their
case. The best defense is to perform in a competent and reasonable
manner.

Further the best way to operate our sport is to perform in a competent
and reasonable manner and cross checking is an important part of this
paradigm.


 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since 1978
 phone Int'l + 61 746 355784
 fax   Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784

 email:  mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com


Cheers

-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
keep us guessing. - Sam Kekovich.
___
Aus-soaring mailing list
Aus-soaring@lists.internode.on.net
To check or change subscription details, visit:
http://lists.internode.on.net/mailman/listinfo/aus-soaring___
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Aus-soaring@lists.internode.on.net
To check or change subscription details, visit:
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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Pam Kurstjens
Peter
You live in a halcyon world where you will always be able to find a second
person available, every day that you rig your glider, who happens to have a
DI ticket for that same glider type.
If you support that, then clearly you also support the final total demise of
gliding, and that will be very safe for everybody when all gliders are in
museums because you have made it totally impractical for anybody to go and
rig and fly their glider.
Total nonsense.
Pam

-Original Message-
From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Peter F
Bradshaw
Sent: Tuesday, 17 May 2011 11:11 AM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Foka incident

Hi Mike;

On Tue, 17 May 2011, Mike Borgelt wrote:

 At 10:16 PM 16/05/2011, you wrote:
 Hi Ron;
 
 A lawsuit like what? You are responding to a mail that hypothesizes that
 lawsuits are possible. There is no actual lawsuit.

 Read it again. He didn't say there was, just that there is the
 possibility in similar situations.

Hence my use of the word hypothesizes - a word that gives his argument
more dignity than it deserves.


 I sure wouldn't try your legal defence. So are you telling the
 Court, Sir, that even though you knew there was no way of positively
 checking, you signed that the aircraft had been rigged correctly?.

The second signer is not signing that the aircraft has been rigged
correctly. The signer is stating that he or she has checked the rigging
in a competent and reasonable manner. This is a different proposition in
law and in fact.

I think the lesson to be learnt from this accident is that, as somebody
else here has noted, that DI tickets should be issued on a per aircraft
type basis. Plainly, in this case, neither the riggers nor the people
who checked the rigging knew how to rig or check this particular
aircraft type.


 It might even be worse than a civil suit which even if you win is
 going to cost thousands to tens of thousands of dollars to defend
 with the loss of time, stress, worry etc. You might run into a
 coroner or Public prosectuor who wants to make a name for him or
 herself and find yourself on a criminal charge.

What is this? Fear Mongering 101? How did we jump from civil lawsuits to
criminal proceedings?

The problem with your argument is that it is one best tailored to the
idea that the best way to live our lives is to enter a windowless room,
close and lock the door, and sit quietly in the dark.

The truth of the matter is that each of us perform actions and take
risks every day in order to live our lives. Any of us may be sued at
any time. How far the plaintiff gets is a function of the merit of their
case. The best defense is to perform in a competent and reasonable
manner.

Further the best way to operate our sport is to perform in a competent
and reasonable manner and cross checking is an important part of this
paradigm.


 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since
1978
 phone Int'l + 61 746 355784
 fax   Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784

 email:   mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com


Cheers

-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
 keep us guessing. - Sam Kekovich.
___
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Aus-soaring@lists.internode.on.net
To check or change subscription details, visit:
http://lists.internode.on.net/mailman/listinfo/aus-soaring

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Re: [Aus-soaring] Foka incident

2011-05-16 Thread Peter F Bradshaw
Hi Pam;

As I understand it you are at perfect liberty to fly your glider without
having it checked after rigging as things stand now. In fact I think you
are free to fly it without doing a DI youself. If that's what you want to
do - go for it.

On Tue, 17 May 2011, Pam Kurstjens wrote:

 Peter
 You live in a halcyon world where you will always be able to find a second
 person available, every day that you rig your glider, who happens to have a
 DI ticket for that same glider type.
 If you support that, then clearly you also support the final total demise of
 gliding, and that will be very safe for everybody when all gliders are in
 museums because you have made it totally impractical for anybody to go and
 rig and fly their glider.
 Total nonsense.
 Pam

 -Original Message-
 From: aus-soaring-boun...@lists.internode.on.net
 [mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Peter F
 Bradshaw
 Sent: Tuesday, 17 May 2011 11:11 AM
 To: Discussion of issues relating to Soaring in Australia.
 Subject: Re: [Aus-soaring] Foka incident

 Hi Mike;

 On Tue, 17 May 2011, Mike Borgelt wrote:

  At 10:16 PM 16/05/2011, you wrote:
  Hi Ron;
  
  A lawsuit like what? You are responding to a mail that hypothesizes that
  lawsuits are possible. There is no actual lawsuit.
 
  Read it again. He didn't say there was, just that there is the
  possibility in similar situations.

 Hence my use of the word hypothesizes - a word that gives his argument
 more dignity than it deserves.

 
  I sure wouldn't try your legal defence. So are you telling the
  Court, Sir, that even though you knew there was no way of positively
  checking, you signed that the aircraft had been rigged correctly?.

 The second signer is not signing that the aircraft has been rigged
 correctly. The signer is stating that he or she has checked the rigging
 in a competent and reasonable manner. This is a different proposition in
 law and in fact.

 I think the lesson to be learnt from this accident is that, as somebody
 else here has noted, that DI tickets should be issued on a per aircraft
 type basis. Plainly, in this case, neither the riggers nor the people
 who checked the rigging knew how to rig or check this particular
 aircraft type.

 
  It might even be worse than a civil suit which even if you win is
  going to cost thousands to tens of thousands of dollars to defend
  with the loss of time, stress, worry etc. You might run into a
  coroner or Public prosectuor who wants to make a name for him or
  herself and find yourself on a criminal charge.

 What is this? Fear Mongering 101? How did we jump from civil lawsuits to
 criminal proceedings?

 The problem with your argument is that it is one best tailored to the
 idea that the best way to live our lives is to enter a windowless room,
 close and lock the door, and sit quietly in the dark.

 The truth of the matter is that each of us perform actions and take
 risks every day in order to live our lives. Any of us may be sued at
 any time. How far the plaintiff gets is a function of the merit of their
 case. The best defense is to perform in a competent and reasonable
 manner.

 Further the best way to operate our sport is to perform in a competent
 and reasonable manner and cross checking is an important part of this
 paradigm.

 
  Mike
  Borgelt Instruments - manufacturers of quality soaring instruments since
 1978
  phone Int'l + 61 746 355784
  fax   Int'l + 61 746 358796
  cellphone Int'l + 61 428 355784
 
  email:   mborg...@borgeltinstruments.com
  website: www.borgeltinstruments.com
 

 Cheers


Cheers
-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
 keep us guessing. - Sam Kekovich.
___
Aus-soaring mailing list
Aus-soaring@lists.internode.on.net
To check or change subscription details, visit:
http://lists.internode.on.net/mailman/listinfo/aus-soaring


Re: [Aus-soaring] Foka incident

2011-05-16 Thread Matthew Gage
Tom, I was trying to find a way to say that simply - you saved me the trouble.


However, looking at the MOSP, I don't see a requirement for a signature for an 
Independent Inspection

6.2 DAILY INSPECTION
Before each days' operation and after each rigging all sailplanes must receive 
a Daily Inspection in accordance with the procedures in the GFA Daily 
Inspector's Handbook. This inspection may only be performed by persons who are 
authorised as a Daily Inspector for that particular construction category or in 
the case of powered sailplanes, for that particular type.
When the Daily Inspection is completed the Inspector certifies so in the Daily 
Inspection Record (GFA Form 1) which is in the same booklet as the Maintenance 
Release.

6.3 INDEPENDENT INSPECTIONS
An independent inspection is required each time a control circuit is 
reconnected. When performing the independent inspection, the inspector must 
check that all parts are correctly attached, that all controls have correct 
safety locking, that the controls move in the correct sense and that there is 
full and free movement.
The minimum qualification for performing Independent Inspections is a Daily 
Inspector Authorisation.


Matt



On 17/05/2011, at 11:59 , tom claffey wrote:

 Unfortunately logic does not always win in the law area.
 Just ask Boonah club members what it cost the club when the family of a tug 
 pilot sued after the wings came off the tug!
 They hadn't even rigged it and the dead pilot had DI'd it!
 Tom
 
 From: Peter F Bradshaw p...@exadios.com
 To: Discussion of issues relating to Soaring in Australia. 
 aus-soaring@lists.internode.on.net
 Sent: Tuesday, 17 May 2011 11:10 AM
 Subject: Re: [Aus-soaring] Foka incident
 
 Hi Mike;
 
 On Tue, 17 May 2011, Mike Borgelt wrote:
 
  At 10:16 PM 16/05/2011, you wrote:
  Hi Ron;
  
  A lawsuit like what? You are responding to a mail that hypothesizes that
  lawsuits are possible. There is no actual lawsuit.
 
  Read it again. He didn't say there was, just that there is the
  possibility in similar situations.
 
 Hence my use of the word hypothesizes - a word that gives his argument
 more dignity than it deserves.
 
 
  I sure wouldn't try your legal defence. So are you telling the
  Court, Sir, that even though you knew there was no way of positively
  checking, you signed that the aircraft had been rigged correctly?.
 
 The second signer is not signing that the aircraft has been rigged
 correctly. The signer is stating that he or she has checked the rigging
 in a competent and reasonable manner. This is a different proposition in
 law and in fact.
 
 I think the lesson to be learnt from this accident is that, as somebody
 else here has noted, that DI tickets should be issued on a per aircraft
 type basis. Plainly, in this case, neither the riggers nor the people
 who checked the rigging knew how to rig or check this particular
 aircraft type.
 
 
  It might even be worse than a civil suit which even if you win is
  going to cost thousands to tens of thousands of dollars to defend
  with the loss of time, stress, worry etc. You might run into a
  coroner or Public prosectuor who wants to make a name for him or
  herself and find yourself on a criminal charge.
 
 What is this? Fear Mongering 101? How did we jump from civil lawsuits to
 criminal proceedings?
 
 The problem with your argument is that it is one best tailored to the
 idea that the best way to live our lives is to enter a windowless room,
 close and lock the door, and sit quietly in the dark.
 
 The truth of the matter is that each of us perform actions and take
 risks every day in order to live our lives. Any of us may be sued at
 any time. How far the plaintiff gets is a function of the merit of their
 case. The best defense is to perform in a competent and reasonable
 manner.
 
 Further the best way to operate our sport is to perform in a competent
 and reasonable manner and cross checking is an important part of this
 paradigm.
 
 
  Mike
  Borgelt Instruments - manufacturers of quality soaring instruments since 
  1978
  phone Int'l + 61 746 355784
  fax  Int'l + 61 746 358796
  cellphone Int'l + 61 428 355784
 
  email:  mborg...@borgeltinstruments.com
  website: www.borgeltinstruments.com
 
 
 Cheers
 
 -- 
 Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
 Personal site: http://personal.exadios.com
 I love truth, and the way the government still uses it occasionally to
 keep us guessing. - Sam Kekovich.
 ___
 Aus-soaring mailing list
 Aus-soaring@lists.internode.on.net
 To check or change subscription details, visit:
 http://lists.internode.on.net/mailman/listinfo/aus-soaring
 
 
 ___
 Aus-soaring mailing list
 Aus-soaring@lists.internode.on.net
 To check or change subscription details, visit:
 http://lists.internode.on.net/mailman/listinfo/aus-soaring

Re: [Aus-soaring] Foka incident

2011-05-16 Thread Peter F Bradshaw
Hi Tom;

I do not know about the Boonah case but I suspect that logic did win in
that case and either you did not understand it or it dictated an result
with which you do not agree.

On Mon, 16 May 2011, tom claffey wrote:

 Unfortunately logic does not always win in the law area.
 Just ask Boonah club members what it cost the club when the family of a tug 
 pilot sued after the wings came off the tug!
 They hadn't even rigged it and the dead pilot had DI'd it!
 Tom



 
 From: Peter F Bradshaw p...@exadios.com
 To: Discussion of issues relating to Soaring in Australia. 
 aus-soaring@lists.internode.on.net
 Sent: Tuesday, 17 May 2011 11:10 AM
 Subject: Re: [Aus-soaring] Foka incident

 Hi Mike;

 On Tue, 17 May 2011, Mike Borgelt wrote:

  At 10:16 PM 16/05/2011, you wrote:
  Hi Ron;
  
  A lawsuit like what? You are responding to a mail that hypothesizes that
  lawsuits are possible. There is no actual lawsuit.
 
  Read it again. He didn't say there was, just that there is the
  possibility in similar situations.

 Hence my use of the word hypothesizes - a word that gives his argument
 more dignity than it deserves.

 
  I sure wouldn't try your legal defence. So are you telling the
  Court, Sir, that even though you knew there was no way of positively
  checking, you signed that the aircraft had been rigged correctly?.

 The second signer is not signing that the aircraft has been rigged
 correctly. The signer is stating that he or she has checked the rigging
 in a competent and reasonable manner. This is a different proposition in
 law and in fact.

 I think the lesson to be learnt from this accident is that, as somebody
 else here has noted, that DI tickets should be issued on a per aircraft
 type basis. Plainly, in this case, neither the riggers nor the people
 who checked the rigging knew how to rig or check this particular
 aircraft type.

 
  It might even be worse than a civil suit which even if you win is
  going to cost thousands to tens of thousands of dollars to defend
  with the loss of time, stress, worry etc. You might run into a
  coroner or Public prosectuor who wants to make a name for him or
  herself and find yourself on a criminal charge.

 What is this? Fear Mongering 101? How did we jump from civil lawsuits to
 criminal proceedings?

 The problem with your argument is that it is one best tailored to the
 idea that the best way to live our lives is to enter a windowless room,
 close and lock the door, and sit quietly in the dark.

 The truth of the matter is that each of us perform actions and take
 risks every day in order to live our lives. Any of us may be sued at
 any time. How far the plaintiff gets is a function of the merit of their
 case. The best defense is to perform in a competent and reasonable
 manner.

 Further the best way to operate our sport is to perform in a competent
 and reasonable manner and cross checking is an important part of this
 paradigm.

 
  Mike
  Borgelt Instruments - manufacturers of quality soaring instruments since 
  1978
  phone Int'l + 61 746 355784
  fax   Int'l + 61 746 358796
  cellphone Int'l + 61 428 355784
 
  email:  mborg...@borgeltinstruments.com
  website: www.borgeltinstruments.com
 

 Cheers


Cheers

-- 
Peter F Bradshaw: http://www.exadios.com (public keys avaliable there).
Personal site: http://personal.exadios.com
I love truth, and the way the government still uses it occasionally to
 keep us guessing. - Sam Kekovich.

___
Aus-soaring mailing list
Aus-soaring@lists.internode.on.net
To check or change subscription details, visit:
http://lists.internode.on.net/mailman/listinfo/aus-soaring


Re: [Aus-soaring] Foka incident

2011-05-16 Thread Christopher Mc Donnell
6.3 INDEPENDENT INSPECTIONS
An independent inspection is required each time a control circuit is 
reconnected. When performing the independent inspection, the inspector must 
check that all parts are correctly attached, that all controls have correct 
safety locking, that the controls move in the correct sense and that there is 
full and free movement.
The minimum qualification for performing Independent Inspections is a Daily 
Inspector Authorisation.

Haven't looked at all of the MOSP, but the above certainly seems to be limited 
to control circuit reconnection and not all elements of reassembly.
I'm sure the Foka in question would have complied with the requirements of 6.3
Not gunna dig down to find my MOSP in the boxes to see if there is more as we a 
busily packing to migrate to Queensland.  :-))  :-))
I'm sure I will be corrected if I have missed something.

Chris


  - Original Message - 
  From: Matthew Gage 
  To: Discussion of issues relating to Soaring in Australia. 
  Sent: Tuesday, May 17, 2011 11:47 AM
  Subject: Re: [Aus-soaring] Foka incident


  Tom, I was trying to find a way to say that simply - you saved me the trouble.




  However, looking at the MOSP, I don't see a requirement for a signature for 
an Independent Inspection


  6.2 DAILY INSPECTION
  Before each days' operation and after each rigging all sailplanes must 
receive a Daily Inspection in accordance with the procedures in the GFA Daily 
Inspector's Handbook. This inspection may only be performed by persons who are 
authorised as a Daily Inspector for that particular construction category or in 
the case of powered sailplanes, for that particular type.
  When the Daily Inspection is completed the Inspector certifies so in the 
Daily Inspection Record (GFA Form 1) which is in the same booklet as the 
Maintenance Release.


  6.3 INDEPENDENT INSPECTIONS
  An independent inspection is required each time a control circuit is 
reconnected. When performing the independent inspection, the inspector must 
check that all parts are correctly attached, that all controls have correct 
safety locking, that the controls move in the correct sense and that there is 
full and free movement.
  The minimum qualification for performing Independent Inspections is a Daily 
Inspector Authorisation.




  Matt






  On 17/05/2011, at 11:59 , tom claffey wrote:


Unfortunately logic does not always win in the law area.
Just ask Boonah club members what it cost the club when the family of a tug 
pilot sued after the wings came off the tug!
They hadn't even rigged it and the dead pilot had DI'd it!
Tom





From: Peter F Bradshaw p...@exadios.com
To: Discussion of issues relating to Soaring in Australia. 
aus-soaring@lists.internode.on.net
Sent: Tuesday, 17 May 2011 11:10 AM
Subject: Re: [Aus-soaring] Foka incident

Hi Mike;

On Tue, 17 May 2011, Mike Borgelt wrote:

 At 10:16 PM 16/05/2011, you wrote:
 Hi Ron;
 
 A lawsuit like what? You are responding to a mail that hypothesizes that
 lawsuits are possible. There is no actual lawsuit.

 Read it again. He didn't say there was, just that there is the
 possibility in similar situations.

Hence my use of the word hypothesizes - a word that gives his argument
more dignity than it deserves.


 I sure wouldn't try your legal defence. So are you telling the
 Court, Sir, that even though you knew there was no way of positively
 checking, you signed that the aircraft had been rigged correctly?.

The second signer is not signing that the aircraft has been rigged
correctly. The signer is stating that he or she has checked the rigging
in a competent and reasonable manner. This is a different proposition in
law and in fact.

I think the lesson to be learnt from this accident is that, as somebody
else here has noted, that DI tickets should be issued on a per aircraft
type basis. Plainly, in this case, neither the riggers nor the people
who checked the rigging knew how to rig or check this particular
aircraft type.


 It might even be worse than a civil suit which even if you win is
 going to cost thousands to tens of thousands of dollars to defend
 with the loss of time, stress, worry etc. You might run into a
 coroner or Public prosectuor who wants to make a name for him or
 herself and find yourself on a criminal charge.

What is this? Fear Mongering 101? How did we jump from civil lawsuits to
criminal proceedings?

The problem with your argument is that it is one best tailored to the
idea that the best way to live our lives is to enter a windowless room,
close and lock the door, and sit quietly in the dark.

The truth of the matter is that each of us perform actions and take
risks every day in order to live our lives. Any of us may be sued

Re: [Aus-soaring] Foka incident

2011-05-16 Thread Tim Shirley
It could be inferred that MOSP 6.3 applies only to control connections 
and not to other connections.  There is no explicit requirement for an 
independent check of the wing and tailplane attachments.


Personally I think that an independent check is a good idea when 
possible, particulary with complex rigging, but making it a mandatory 
requirement seems a bit odd.  If you can get the wings on my Discus 
without connecting the controls positively and in the correct sense, you 
will have pushed somewhat harder than I can :)  I have a one-person 
rigging system, but apparently I can't go flying unless there is another 
DI rated person handy.


It seems to me that if you want to know who is responsible for your 
safety, whether in aviation or any other activity,  look in a mirror.


Takeoffs are optional.  Landings are compulsory.

Cheers


 /Tim/

/tra dire e fare c'è mezzo il mare/


On 17/05/2011 12:17, Matthew Gage wrote:
Tom, I was trying to find a way to say that simply - you saved me the 
trouble.



However, looking at the MOSP, I don't see a requirement for a 
signature for an Independent Inspection


*6.2DAILY INSPECTION*
Before each days' operation and after each rigging all sailplanes must 
receive a Daily Inspection in accordance with the procedures in the 
GFA Daily Inspector's Handbook. This inspection may only be performed 
by persons who are authorised as a Daily Inspector for that particular 
construction category or in the case of powered sailplanes, for that 
particular type.
When the Daily Inspection is completed the Inspector certifies so in 
the Daily Inspection Record (GFA Form 1) which is in the same booklet 
as the Maintenance Release.

*
*
*6.3INDEPENDENT INSPECTIONS*
An independent inspection is required each time a control circuit is 
reconnected. When performing the independent inspection, the inspector 
must check that all parts are correctly attached, that all controls 
have correct safety locking, that the controls move in the correct 
sense and that there is full and free movement.
The minimum qualification for performing Independent Inspections is a 
Daily Inspector Authorisation.



Matt



On 17/05/2011, at 11:59 , tom claffey wrote:


Unfortunately logic does not always win in the law area.
Just ask Boonah club members what it cost the club when the family of 
a tug pilot sued after the wings came off the tug!

They hadn't even rigged it and the dead pilot had DI'd it!
Tom


*From:* Peter F Bradshaw p...@exadios.com mailto:p...@exadios.com
*To:* Discussion of issues relating to Soaring in Australia. 
aus-soaring@lists.internode.on.net 
mailto:aus-soaring@lists.internode.on.net

*Sent:* Tuesday, 17 May 2011 11:10 AM
*Subject:* Re: [Aus-soaring] Foka incident

Hi Mike;

On Tue, 17 May 2011, Mike Borgelt wrote:

 At 10:16 PM 16/05/2011, you wrote:
 Hi Ron;
 
 A lawsuit like what? You are responding to a mail that 
hypothesizes that

 lawsuits are possible. There is no actual lawsuit.

 Read it again. He didn't say there was, just that there is the
 possibility in similar situations.

Hence my use of the word hypothesizes - a word that gives his argument
more dignity than it deserves.


 I sure wouldn't try your legal defence. So are you telling the
 Court, Sir, that even though you knew there was no way of positively
 checking, you signed that the aircraft had been rigged correctly?.

The second signer is not signing that the aircraft has been rigged
correctly. The signer is stating that he or she has checked the rigging
in a competent and reasonable manner. This is a different proposition in
law and in fact.

I think the lesson to be learnt from this accident is that, as somebody
else here has noted, that DI tickets should be issued on a per aircraft
type basis. Plainly, in this case, neither the riggers nor the people
who checked the rigging knew how to rig or check this particular
aircraft type.


 It might even be worse than a civil suit which even if you win is
 going to cost thousands to tens of thousands of dollars to defend
 with the loss of time, stress, worry etc. You might run into a
 coroner or Public prosectuor who wants to make a name for him or
 herself and find yourself on a criminal charge.

What is this? Fear Mongering 101? How did we jump from civil lawsuits to
criminal proceedings?

The problem with your argument is that it is one best tailored to the
idea that the best way to live our lives is to enter a windowless room,
close and lock the door, and sit quietly in the dark.

The truth of the matter is that each of us perform actions and take
risks every day in order to live our lives. Any of us may be sued at
any time. How far the plaintiff gets is a function of the merit of their
case. The best defense is to perform in a competent and reasonable
manner.

Further the best way to operate our sport is to perform in a competent
and reasonable manner and cross checking is an important

Re: [Aus-soaring] Foka incident

2011-05-15 Thread Mike Borgelt


Lots of lessons in the Foka crash.

One big one is how fortunate it was the BGA and there was no second 
sigmnature on the DI after rigging.


Mike
Borgelt Instruments - manufacturers of quality soaring instruments since 1978
phone Int'l + 61 746 355784
fax   Int'l + 61 746 358796
cellphone Int'l + 61 428 355784

email:   mborg...@borgeltinstruments.com
website: www.borgeltinstruments.com 


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Re: [Aus-soaring] Foka incident

2011-05-15 Thread rolf a. buelter

Yea, way more important to cover your ass against litigation then document a 
second chance to get it right!
 
Allays your miserable Mr. Buelter
 
 Date: Mon, 16 May 2011 10:54:25 +1000
 To: aus-soaring@lists.internode.on.net
 From: mborg...@borgeltinstruments.com
 Subject: Re: [Aus-soaring] Foka incident
 
 
 Lots of lessons in the Foka crash.
 
 One big one is how fortunate it was the BGA and there was no second 
 sigmnature on the DI after rigging.
 
 Mike
 Borgelt Instruments - manufacturers of quality soaring instruments since 1978
 phone Int'l + 61 746 355784
 fax Int'l + 61 746 358796
 cellphone Int'l + 61 428 355784
 
 email: mborg...@borgeltinstruments.com
 website: www.borgeltinstruments.com 
 
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Re: [Aus-soaring] Foka incident

2011-05-15 Thread Matthew Gage
Rolf, in this I agree with Mike - there is no way that a duplicate control 
check (or even DI) would have found the problem. Sadly, such a person would 
have spent months in court defending themselves, costing them many thousands 
with no prospect of any insurance helping them.

In practice, the UK do have a 2nd inspection - just with no signature. The 
accident report even says this was done !

Is it the check that improves safety or the signature 


On 16/05/2011, at 13:35 , rolf a. buelter wrote:

 Yea, way more important to cover your ass against litigation then document a 
 second chance to get it right!
  
 Allays your miserable Mr. Buelter
  
  Date: Mon, 16 May 2011 10:54:25 +1000
  To: aus-soaring@lists.internode.on.net
  From: mborg...@borgeltinstruments.com
  Subject: Re: [Aus-soaring] Foka incident
  
  
  Lots of lessons in the Foka crash.
  
  One big one is how fortunate it was the BGA and there was no second 
  sigmnature on the DI after rigging.
  
  Mike
  Borgelt Instruments - manufacturers of quality soaring instruments since 
  1978
  phone Int'l + 61 746 355784
  fax Int'l + 61 746 358796
  cellphone Int'l + 61 428 355784
  
  email: mborg...@borgeltinstruments.com
  website: www.borgeltinstruments.com 
  
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Re: [Aus-soaring] Foka incident

2011-05-15 Thread Paul Bart
More importantly, if it did happen in Australia, is there a procedure that
following the accident would resolve what the problem was?


Cheers

Paul


On 16 May 2011 14:01, Matthew Gage m...@knightschallenge.com wrote:

 Rolf, in this I agree with Mike - there is no way that a duplicate control
 check (or even DI) would have found the problem. Sadly, such a person would
 have spent months in court defending themselves, costing them many thousands
 with no prospect of any insurance helping them.

 In practice, the UK do have a 2nd inspection - just with no signature. The
 accident report even says this was done !

 Is it the check that improves safety or the signature 


 On 16/05/2011, at 13:35 , rolf a. buelter wrote:

 Yea, way more important to cover your ass against litigation then document
 a second chance to get it right!

 Allays your miserable Mr. Buelter

  Date: Mon, 16 May 2011 10:54:25 +1000
  To: aus-soaring@lists.internode.on.net
  From: mborg...@borgeltinstruments.com
  Subject: Re: [Aus-soaring] Foka incident
 
 
  Lots of lessons in the Foka crash.
 
  One big one is how fortunate it was the BGA and there was no second
  sigmnature on the DI after rigging.
 
  Mike
  Borgelt Instruments - manufacturers of quality soaring instruments since
 1978
  phone Int'l + 61 746 355784
  fax Int'l + 61 746 358796
  cellphone Int'l + 61 428 355784
 
  email: mborg...@borgeltinstruments.com
  website: www.borgeltinstruments.com
 
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Re: [Aus-soaring] Foka incident

2011-05-15 Thread ventus45
Every aircraft is different, we all know that.

Even aircraft of the same type can have slight differences between them, for a 
lot of reasons.  These reasons can range anywhere from slight changes during 
the OEM's production run, through to the incorporation of (or not yet 
incorporated) AD's, through possibly other modifications (authorized or not), 
to repairs, to the inevitable effects of normal wear and tear in service.

From a flying, i.e., operational point of view, all pilots need type 
ratings for each type of aircraft they fly, but not usually for 
individual aircraft of a given type, unless there is something different 
about it, i.e., modifications etc.

From a preparation, i.e., a rigging and or DIing point of view, all that 
is currently required of an individual is the generic DI Certificate.

It could be argued that the system which trains / briefs / certifies pilots 
to fly an aircraft is good enough, but I think we have to recognize that 
the system which trains / briefs / certifies riggers and DIers is far more 
relaxed, and arguably, that it is too relaxed, as the circumstances surrounding 
the rigging of this Foka clearly indicate.

Perhaps we should consider the introduction of a more rigorous system of type 
ratings for riggers and DIers, similar to what we have for pilots.

Perhaps we should also consider creating type specific DI sheets, at least 
for those types of aircraft that have critical features that warrant special 
vigilance.

Paul, regarding your question  if it did happen in Australia, is there a 
procedure that following the accident would resolve what the problem was?, all 
you need do is search the archives a few years back, and you will find a long 
discussion on that issue.


  - Original Message - 
  From: Paul Bart 
  To: Discussion of issues relating to Soaring in Australia. 
  Sent: Monday, May 16, 2011 2:38 PM
  Subject: Re: [Aus-soaring] Foka incident


  More importantly, if it did happen in Australia, is there a procedure that 
following the accident would resolve what the problem was?


  Cheers

  Paul



  On 16 May 2011 14:01, Matthew Gage m...@knightschallenge.com wrote:

Rolf, in this I agree with Mike - there is no way that a duplicate control 
check (or even DI) would have found the problem. Sadly, such a person would 
have spent months in court defending themselves, costing them many thousands 
with no prospect of any insurance helping them.


In practice, the UK do have a 2nd inspection - just with no signature. The 
accident report even says this was done !


Is it the check that improves safety or the signature 




On 16/05/2011, at 13:35 , rolf a. buelter wrote:


  Yea, way more important to cover your ass against litigation then 
document a second chance to get it right!
   
  Allays your miserable Mr. Buelter
   
   Date: Mon, 16 May 2011 10:54:25 +1000
   To: aus-soaring@lists.internode.on.net
   From: mborg...@borgeltinstruments.com
   Subject: Re: [Aus-soaring] Foka incident
   
   
   Lots of lessons in the Foka crash.
   
   One big one is how fortunate it was the BGA and there was no second 
   sigmnature on the DI after rigging.
   
   Mike
   Borgelt Instruments - manufacturers of quality soaring instruments 
since 1978
   phone Int'l + 61 746 355784
   fax Int'l + 61 746 358796
   cellphone Int'l + 61 428 355784
   
   email: mborg...@borgeltinstruments.com
   website: www.borgeltinstruments.com 
   
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Re: [Aus-soaring] Foka incident

2011-05-14 Thread Peter Stephenson


  
  
The same fixing system is in the IS28, IS29, IS30 which we have in
our club. 
We usually have terrible trouble reassembling the IS29 in our club
from misaligning the lower cone. This is because it does not have a
turtle deck to remove and we cannot see the lower cone like this
Foka.

As for this accident, I wonder whether a wing frequency test as part
of the DI would have revealed that something was wrong with the
connection? This is not mentioned in the report.

PeterS

On 14/05/2011 7:49 PM, Christopher Mc Donnell wrote:

  
  
  
  Family reaction.
  9
  http://www.lep.co.uk/news/traffic-and-transport/family_plea_over_gliders_1_3379631
  

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Re: [Aus-soaring] Foka incident

2011-05-14 Thread John Parncutt
Yes Peter you make an interesting point about the wing frequency test, our
club used to have two IS28's and one day we discovered during that
particular test that the bolts had indeed not aligned properly.

From observation I don't think that many people are checking wing frequency
during DI's, whilst most modern gliders have simple main pin arrangements I
still think this is a worthwhile part of the DI since it also allows you to
listen for loose object within the wing and look for any sign of damage
within the wing structure (especially in wood)

 

I would suggest that anyone with a glider with that style of fitting ensure
that they include wing frequency test in their DI.

 

 

 

Cheers,

 

 

 

 

 

John

 



 

From: aus-soaring-boun...@lists.internode.on.net
[mailto:aus-soaring-boun...@lists.internode.on.net] On Behalf Of Peter
Stephenson
Sent: Sunday, 15 May 2011 12:23 AM
To: aus-soaring@lists.internode.on.net
Cc: Lindsay Mitchell; Vince Everett
Subject: Re: [Aus-soaring] Foka incident

 

The same fixing system is in the IS28, IS29, IS30 which we have in our club.

We usually have terrible trouble reassembling the IS29 in our club from
misaligning the lower cone.  This is because it does not have a turtle deck
to remove and we cannot see the lower cone like this Foka.

As for this accident, I wonder whether a wing frequency test as part of the
DI would have revealed that something was wrong with the connection?  This
is not mentioned in the report.

PeterS

On 14/05/2011 7:49 PM, Christopher Mc Donnell wrote: 

Family reaction.

 9

http://www.lep.co.uk/news/traffic-and-transport/family_plea_over_gliders_1_3
379631

 
 
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