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Old 11-03-2005 | 12:45 PM
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bkdavy
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From: FrederickMD
Default RE: AMA Response was Disappointing!

I agree that threatening legal action would generate animosity, and wouldn't help either group.

I think its worth discussion to consider the legal ramifications and alternatives. Irresponsible actions by either group could expose the pilots and the landowners to additional liability. It therefore becomes in both parties interests to establish and abide by a frequency sharing agreement. That agreement might be considered a contract between the two groups, and could be a means to recover damages should either party violate the agreement. I think the rules in small claims court are less stringent in terms of establishing that a legal agreement between the parties exists. Should the rogue group decide not to enter into a frequency sharing agreement, the AMA sanctioned club could probably argue that the rogue flyers are not operating in accordance with generally accepted standards, and that their actions are negligent, and might be held liable for damages. This argument would be strengthened by the fact that nearly all, if not all, models, transmitters, engines, etc. come packaged with instructions endorsing the AMA safety code. I would hope that the rogue flyers would be agreeable to establishing guidelines, but there are individuals who will not "play by the rules" no matter what.

Brad