Ed,
We have all missed a temporary "solution" for any present LSA rule
ambiguity that has been before us for hours.
You said earlier today that one owner had "...contacted the FAA" and
"...has a letter saying his aircraft meets the LSA requirement because
it never was properly upconverted...". (is that a "real" word? ;<)
Such a letter would be identical in function to an IRS "letter ruling".
Ask if the proud owner of that letter will let you post it on your
site. That would allow parties negotiating a sale in good faith to
agree on a sale price contingent on the seller securing a substantially
identical letter from the FAA affirming that his/her aircraft meets the
LSA requirement (for whatever reason) and furnishing same to the
prospective purchaser (who would agree in advance to pay upon receipt
of said letter).
That would allow parties to agree on a price (and perhaps a refundable
deposit if such letter is not forthcoming within a reasonable period),
download the letter as an example and precedent for submittal with
their request, and submit same to the appropriate address.
Unfortunately, only the current recession has reduced the number of
prospective LSA Ercoupe purchasers to a number close to the number of
"LSA and possible LSA" coupes available. When the time comes that
there are multiple bidders for every "available" LSA Ercoupe (a
"Seller's market"), the "successful" purchaser may well be the one
willing to "roll the dice" and pay without any assurance whatsoever as
to LSA status.
Nothing will change that reality when that time comes, and it will.
Regards,
WRB
--
On Sep 12, 2009, at 12:35, Ed Burkhead wrote:
Not being a lawyer, I don’t know how often “good-faith attempts”
overrules the actual law to the defendant’s detriment.
I can see a jury judging that a good faith attempt to comply with a
law could merit a failure to convict.
I find it hard to see that a jury would find that some other person’s
good faith attempt to do something, yet failing and being illegal,
overruled the words of a law to the detriment of another person
And, FAR regulation breaking is not normally handled by a jury trial,
is it? Can it be forced to a jury trial?
And, isn’t a poorly worded, ambiguous law or regulation invalid?
I think we’ve exhausted the issue pretty well, again. Does anyone
have anything new and different to add?
Ed
