----[Please read http://ercoupers.com/disclaimer.htm before following any
advice in this forum.]----
But, if I were ...offering legal advice without the proper license...I'd
sure be nervous.
We just saw an example of legal advice being offered without a license,
one e-mail back. I do not see any govt authorities running to
prosecute
What, exactly, are you getting at, ESQUIRE? I offered no legal advice. I
clearly labeled my answer to Scott's question as "my opinion", and further
requested thwat Couper legal experts, such as yourself , provide more
substantive information. Nor did I claim to be any sort of expert , although
I do have consierable training and field experience in investigating
aircraft accidents and interfacing with FAA and NTSB personnel. Frankly, I
consider my non-expert opinions to be at least as valid as your advice to
"...if you give it a try without a license, you problably won't get
caught...if you do, a lawyer could possibly/probably get the FAA off yiour
back - at considerable fee". Again, not being an attorney, I am forced to
attempt to paraphrase your lengthy post into layman's language.
Don Bowen
[EMAIL PROTECTED]
----Original Message Follows----
From: "David Douglas Winters" <[EMAIL PROTECTED]>
To: "'DONALD BOWEN'"
<[EMAIL PROTECTED]>,<[EMAIL PROTECTED]>,<[email protected]>
Subject: RE: [COUPERS-TECH] Ercoupe Sport qualified and non sport qualified
Date: Tue, 22 Nov 2005 10:25:05 -0600
Don & Scott & all,
Well, no actually, they cannot do so much.
The legitimate authority of the FAA is really quite
limited...particularly in the realm of penalties. But, they do what
they can get away with. So, unless you are willing to call that august
organization on their bluff, and put the necessary lawyer money down to
do it...ya just gotta play along.
However, the penalties for doing ANYTHING without proper licensure, be
it flying a plane...or practicing medicine...or a number of things in
between...do not really key on whether or not you have a the right
license, but whether you acted in accordance with the accepted standards
or practice (a vague and wooly term) for that license. Having a license
is NOT one of those standards.
Scarey, huh?
So, for example, what can the FAA do to somebody who hops in a 747 and
performs a flawless take-off, cross-country flite, and landing, all
without a license?
Well they for sure cannot revoke his license. He has none.
His insurance cannot be revoked. He has none.
They can try to impose a fine, perhaps...but trying is not the same as
succeeding.
I occasionally sit as a judge, locally, and the reality of limited power
in cases where a license is the question actually gets quite humorous at
times.
Remember a license is merely permission to do something. Doing
something without permission is not, of itself, proof of malice,
negligence or incompetence.
SUMMARY. THE QUESTION IS NOT SIMPLE AND NEITHER IS THE ANSWER. BUT, IF
YOU GO FLIPPING ANSWERS OFF THE CUFF, YOU CAN BET THE ANSWER IS LESS
THAN WORTHLESS.
Answers that appear merely logical or sensible are not sufficient in
matters of law......I guess that is why you must have a license to
practice it....but if you don't have a license and still offer legal
advice, how much can they do to you? (Not much.)
We just saw an example of legal advice being offered without a license,
one e-mail back. I do not see any govt authorities running to
prosecute.
But, if I were flying the wrong plane without the proper license...or
offering legal advice without the proper license...I'd sure be nervous.
ddw
-----Original Message-----
From: DONALD BOWEN [mailto:[EMAIL PROTECTED]
Sent: Tuesday, November 22, 2005 6:36 AM
To: [EMAIL PROTECTED]; [email protected]
Subject: RE: [COUPERS-TECH] Ercoupe Sport qualified and non sport
qualified
----[Please read http://ercoupers.com/disclaimer.htm before following
any advice in this forum.]----
Well, Scott, my guess would be (1) a huge monetary fine, (2)
revocation/invalidation of any insurance you carry on the airplane, and
on
yourself & passenger while flying it, (3) permanent loss of all your
flying
privileges. Having your post on file in the TECH archives probably
wouldn't
help you in any related hearing. Perhaps a Couper more familiar with
appicable laws and regulations can be more specific.
Don Bowen
[EMAIL PROTECTED]
----Original Message Follows----
From: "scott" <[EMAIL PROTECTED]>
Reply-To: "scott" <[EMAIL PROTECTED]>
To: "Ercoupe Tech" <[email protected]>
Subject: [COUPERS-TECH] Ercoupe Sport qualified and non sport qualified
Date: Mon, 21 Nov 2005 22:03:01 -0800
----[Please read http://ercoupers.com/disclaimer.htm before following
any
advice in this forum.]----
Hello -
a.. What are the consequences of flying a plane that doesn't fit into
the
sport category by a few pounds using a sport pilot license?
a.. What are the odds of anyone being aware of the difference between
a
C, CD, D, E etc.?
I am not in favor of breaking the law, but quite frankly, in my opinion,
the
other criteria of being a sport plane, stall speed,
etc., seems more relevant than weight.
Scott
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-----Original Message-----
From: DONALD BOWEN [mailto:[EMAIL PROTECTED]
Sent: Tuesday, November 22, 2005 6:36 AM
To: [EMAIL PROTECTED]; [email protected]
Subject: RE: [COUPERS-TECH] Ercoupe Sport qualified and non sport
qualified
----[Please read http://ercoupers.com/disclaimer.htm before following
any advice in this forum.]----
Well, Scott, my guess would be (1) a huge monetary fine, (2)
revocation/invalidation of any insurance you carry on the airplane, and
on
yourself & passenger while flying it, (3) permanent loss of all your
flying
privileges. Having your post on file in the TECH archives probably
wouldn't
help you in any related hearing. Perhaps a Couper more familiar with
appicable laws and regulations can be more specific.
Don Bowen
[EMAIL PROTECTED]
----Original Message Follows----
From: "scott" <[EMAIL PROTECTED]>
Reply-To: "scott" <[EMAIL PROTECTED]>
To: "Ercoupe Tech" <[email protected]>
Subject: [COUPERS-TECH] Ercoupe Sport qualified and non sport qualified
Date: Mon, 21 Nov 2005 22:03:01 -0800
----[Please read http://ercoupers.com/disclaimer.htm before following
any
advice in this forum.]----
Hello -
a.. What are the consequences of flying a plane that doesn't fit into
the
sport category by a few pounds using a sport pilot license?
a.. What are the odds of anyone being aware of the difference between
a
C, CD, D, E etc.?
I am not in favor of breaking the law, but quite frankly, in my opinion,
the
other criteria of being a sport plane, stall speed,
etc., seems more relevant than weight.
Scott
========================================================================
======
To leave this forum go to: http://ercoupers.com/lists.htm
Search the archives on http://escribe.com/aviation/coupers-tech/
========================================================================
======
To leave this forum go to: http://ercoupers.com/lists.htm
Search the archives on http://escribe.com/aviation/coupers-tech/
==============================================================================
To leave this forum go to: http://ercoupers.com/lists.htm
Search the archives on http://escribe.com/aviation/coupers-tech/
