Originally Posted by
phlpsfrnk
I believe you grant them more credit for malice of forethought than I think they deserve but I won't belabor the point. While I agree that things like a turbine waiver or the 55lb waiver would require membership in the organizational programing that grants those waivers I do not agree that it equates to requiring AMA or any other CBO membership to be able to fly. As long as I don't require a waiver of some sort there is nothing in any of the current wording that prevents me from legally flying from my own back yard or my cousins 125 acre farm if I so choose.
Frank
Again it depends on how you interpret the phrase:
(2) the aircraft is operated in accordance with a community-based set of safety guidelines andwithin the programming of a nationwide community-based organization;
Can you be "within the programming" if you are not a member of the organization? As the organization determines the programming what if they declare that the programming includes membership?
Many have stated that the PL cannot require membership in a CBO, I agree. However IMHO if there is only one nationwide CBO and that CBO requires membership to operate "withing the programming of" then if you want to fly under Sec 336 you must be a CBO member.
Now I personally think that is a terrible idea, similar to a mandate for health care, but the Public Law Sec 336 was written by AMA lobbyists and they seem to know what they were doing.