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.
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