> The illegal act is when you intentionally destroy property or cause harm >by operating your equipment.
Knowingly doing it, is way different than negligently doing it. If I just fly on a frequency, there is no "intent to cause damage" (negligence maybe, but not criminal). if you tell me that you are on a frequency, I have every right to say "so, am I. If you fly, you fly your plane at your own risk. How much damage can it do? Negligence is proportionate. I fly my plane at my own risk. Once you are aware that I fly on a frequency, the onus is on YOU to prevent damage, not me. >Basiclly you >cannot tell someone else to go home as you were "there first" and on "your >freq". They have every right to operate as you do. Sure you can. If I am flying on a frequency, I have no duty, legal or otherwise, to give you a turn. Your option, is to go away, or change frequencies. the politeness police can come talk to me, but neither the FCC, or the police give a rats a**. No laws are broken. As secondary users, you have to accept ALL forms of interference, including other legal users. > The most problematic situation is the "rogue" flier. This includes >people flying HL in the backyard, IMAC at their local school, or even the >famous park flier. If i live across from a club field, and fly my parkflier in my front yard, all i have to do is to tell the club that i use XX frequency, and then they have the duty to see that none of their planes cause damage. the problem, is that if i am flying my park flyer a hundred feet from my your radio a block away won't affect my plane, but my radio will affect yours, because you fly at a greater distance. Once you put a plane into the air, knowing that there is a high probability of interference, you are negligent. Plaintiff "were you aware that the gentleman a block away flies a plane on the same frequency as you?" Defendant "yes" Plaintiff "but you decided to fly anyway" Defendant "yes' at this point, you have admitted liability. get out the checkbook. you might be able to pin some on the guy with the park flier, but nothing will get you off (which is the point). to pin any on the parkflier, you would have to be able to prove that he caused the "shoot down", which would be really difficult to do. RCSE-List facilities provided by Model Airplane News. Send "subscribe" and "unsubscribe" requests to [EMAIL PROTECTED]
