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Old 07-11-2016, 02:07 PM
  #551  
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......

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Old 07-11-2016, 02:10 PM
  #552  
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Originally Posted by Chris P. Bacon
"(1) Any person suffers death or serious injury;"

You still haven't met the criteria for "serious injury".
Ridiculous interpretation that fails to recognize the sentence construction. Note that this is five enumerated conditions, each separated by a semi-colon, with an "or" between the last semi-colon. If any one of those five conditions are true, then it is a "serious injury" per that section. Besides, it is in fact the second degree burn condition that follows after the "; or..."

"Serious injury means any injury which: (1) Requires hospitalization for more than 48 hours, commencing within 7 days from the date of the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface. [emphasis added]"

[53 FR 36982, Sept. 23, 1988, as amended at 60 FR 40112, Aug. 7, 1995; 75 FR 51955, Aug. 24, 2010]

http://www.ecfr.gov/cgi-bin/text-idx...dno=49;cc=ecfr
Old 07-11-2016, 02:12 PM
  #553  
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Originally Posted by init4fun
Looks pretty well defined to me ........
You've seen the patients medical report first hand to know the burns covered > 5% of the victim's body surface or will go just go blindly along with whatever Franklin says?
Old 07-11-2016, 02:15 PM
  #554  
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Originally Posted by franklin_m
Ridiculous interpretation that fails to recognize the sentence construction. Note that this is five enumerated conditions, each separated by a semi-colon, with an "or" between the last semi-colon. If any one of those five conditions are true, then it is a "serious injury" per that section. Besides, it is in fact the second degree burn condition that follows after the "; or..."

Captious.


"Serious injury
means any injury which: (1) Requires hospitalization for more than 48 hours, commencing within 7 days from the date of the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface. [emphasis added]"

[53 FR 36982, Sept. 23, 1988, as amended at 60 FR 40112, Aug. 7, 1995; 75 FR 51955, Aug. 24, 2010]

http://www.ecfr.gov/cgi-bin/text-idx...dno=49;cc=ecfr
And you know the criteria was met for item 5 because?
Old 07-11-2016, 02:16 PM
  #555  
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....

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Old 07-11-2016, 02:18 PM
  #556  
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Originally Posted by franklin_m
You really should read these first. If you had, then you'd notice that a key component of this code is to give something of value in exchange for something:

"...directly or indirectly, corruptly gives, offers or promises anything of value..."

"...being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value..."

"...directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value..."

"...directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value..."

https://www.gpo.gov/fdsys/granule/US...-chap11-sec201
Give a go, we'll how well it works out for you and your friends.
Old 07-11-2016, 02:32 PM
  #557  
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Originally Posted by franklin_m
But the fact remains they were in effect at the time of the event.
So we're going to somehow blame the AMA retroactively for not complying with a law that was written almost 30 years ago that you feel applies to RC aircraft? This appears to be one of your biggest leaps ever, incredulous really wouldn't you say. It's doubtful you really buy into this, rather are you trying to make a point by way of comparison?
Old 07-11-2016, 02:34 PM
  #558  
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Originally Posted by init4fun
"Involves Second or third degree burns OR any burns affecting over 5% of the body surface"

I think I'll not so blindly go where normal English language skills would take anyone who reads the sentence , looks pretty well defined to me ....
Sounds reasonable....so you and your club were aware of this so called law and have been complying with it since say, 1988. Are you really going to agree with Franklin's premise just so you don't have to agree with others, despite the complete lack of reality here? Really?
Old 07-11-2016, 03:12 PM
  #559  
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while 20 some odd years of ignorance concerning the requirements to report may be real, it is as they say, "no excuse" now that it has been brought to light.
Old 07-11-2016, 03:29 PM
  #560  
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Originally Posted by porcia83
So we're going to somehow blame the AMA retroactively for not complying with a law...
In a word, yes.
Old 07-11-2016, 03:39 PM
  #561  
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Originally Posted by init4fun
"Involves Second or third degree burns OR any burns affecting over 5% of the body surface"

I think I'll not so blindly go where normal English language skills would take anyone who reads the sentence , looks pretty well defined to me ....
Impressive. The victims medical report is publicly available where?
Old 07-11-2016, 03:40 PM
  #562  
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Originally Posted by franklin_m
In a word, yes.
Was there a doubt? Please explain why?
Old 07-11-2016, 04:05 PM
  #563  
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Originally Posted by porcia83
Sounds reasonable....so you and your club were aware of this so called law and have been complying with it since say, 1988. Are you really going to agree with Franklin's premise just so you don't have to agree with others, despite the complete lack of reality here? Really?
Well, one would think that when you send someone to the hospital in an ambulance and find out they had second degree burns, they'd spent just a little time checking to see if they need to tell anyone about it.
Old 07-11-2016, 04:10 PM
  #564  
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...

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Old 07-11-2016, 04:15 PM
  #565  
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Originally Posted by init4fun
Exactly .

Do I think the law is well meaning , but it's wording makes it outrageously far reaching with regards to the second degree burn reporting requirement ? Heck Yea ! Any law that requires reporting of all second degree burns without taking into account other factors such as the size/amount of those burns , sure sounds excessive to me . But then , there are whole bunches of laws that likely sound excessive when ya look into em and we're not supposed to go breaking them just cause we've deemed them excessive/overbearing/etc either . It's kinda like the law about no lying to the FBI , only very certain few get to get off Scott free on breaking that one , and the rest of us mere mortals have to follow it along with all the other laws . Including , it would appear , reporting all second degree burns sustained during UAS operations .

I don't write em . I just read em , understand what they say , and do my best to not run afoul of them . And as written , whether I agree with it's entire premise or not , it's pretty clear cut in it's intention .....
Concur. Last time I checked, nobody gave AMA authority to decide what laws do and do not apply.
Old 07-11-2016, 04:53 PM
  #566  
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Originally Posted by mongo
while 20 some odd years of ignorance concerning the requirements to report may be real, it is as they say, "no excuse" now that it has been brought to light.
And the chances that a the FAA, the NTSB, the DOT, and the AMA didn't know about this, but one single person, 20 odd years later stumbled upon it and "brought it to light". I'd say there's more of a chance that a drone will collide with an aircraft.
Old 07-11-2016, 04:55 PM
  #567  
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Originally Posted by franklin_m
Well, one would think that when you send someone to the hospital in an ambulance and find out they had second degree burns, they'd spent just a little time checking to see if they need to tell anyone about it.
Right...absolutely, I'm sure that with every incident (I mean, the few that are of much significance) the first thing people are thinking is oh boy, who do I need to report this to.
Old 07-11-2016, 04:58 PM
  #568  
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Originally Posted by init4fun
Exactly .

Do I think the law is well meaning , but it's wording makes it outrageously far reaching with regards to the second degree burn reporting requirement ? Heck Yea ! Any law that requires reporting of all second degree burns without taking into account other factors such as the size/amount of those burns , sure sounds excessive to me . Like Sport says , a muffler burn with bubbling skin is second degree , and even if it's dime sized they want to know about it ? But then again , there are whole bunches of laws that likely sound excessive when ya look into em and we're not supposed to go breaking them just cause we've deemed them excessive/overbearing/etc either . It's kinda like the law about no lying to the FBI , only very certain few get to get off Scott free on breaking that one , and the rest of us mere mortals have to follow it along with all the other laws . Including , it would appear , reporting all second degree burns regardless of size sustained during UAS operations .

I don't write em . I just read em , understand what they say , and do my best to not run afoul of them . And as written , whether I agree with it's entire premise or not , it's pretty clear cut in it's intention .....
So anything Franklin will link to and say "this is the law" is something you are going to blindly follow? And so will you be telling the safety officer of your club about this and ensuring that your club comports with this law from now on? Please update the thread on how that goes over at the next meeting.
So
Old 07-11-2016, 05:00 PM
  #569  
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Originally Posted by franklin_m
Concur. Last time I checked, nobody gave AMA authority to decide what laws do and do not apply.
Last time I checked, you aren't telling them what law to follow or not follow either. They have professionals to do that, either elected or paid for their expertise. Of all the doom and gloom and "what if's" thrown out to see what will stick against the wall, this had got to be one of the best red herrings yet. You seem to have one ardent supporting buying into it hook line and sinker.
Old 07-11-2016, 05:02 PM
  #570  
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Originally Posted by franklin_m
In a word, yes.
LoL..of course.

Originally Posted by Chris P. Bacon
"...Was there a doubt?..."
LoL...of course not!
Old 07-11-2016, 05:05 PM
  #571  
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Originally Posted by franklin_m
Well, one would think that when you send someone to the hospital in an ambulance and find out they had second degree burns, they'd spent just a little time checking to see if they need to tell anyone about it.
Specifically who would be responsible for reporting that, like name the position of the person who would have to do that. Also,who specifically would they report that to, and for what reason? Curious as to why this is suddenly an issue....is this something you've known all along because if that's the case, why not bring it up as those things happened? Or is this something you've stumbled on recently and want to use it to try to fit the AMA=Bad narrative?

Also...are you a CD and if so, have you ever CD'd an event?
Old 07-11-2016, 05:07 PM
  #572  
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Originally Posted by franklin_m
Well, one would think that when you send someone to the hospital in an ambulance and find out they had second degree burns, they'd spent just a little time checking to see if they need to tell anyone about it.
Wow, talk about exponential leaps and bounds. Really depends who the one is who's doing the thinking.

Well, now that we're on the subject of checking, do the school officials for the school property you fly on know they are responsible for filing a report with the NTSB in the event you meet the criteria? Did you notify them of this when you requested permission in writing to use field for potentially lethal sUAS operations?
Old 07-11-2016, 05:16 PM
  #573  
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Originally Posted by franklin_m
Concur. Last time I checked, nobody gave AMA authority to decide what laws do and do not apply.
Where is the AMA providing legal guidance? You referred us to the NBAA just the other day for legal guidance only to learn the NBAA isn't legal authority.
Old 07-11-2016, 05:17 PM
  #574  
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Originally Posted by porcia83
Or is this something you've stumbled on recently and want to use it to try to fit the AMA=Bad narrative?
Amigo, is that trick question?
Old 07-11-2016, 05:18 PM
  #575  
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Originally Posted by Chris P. Bacon
Wow, talk about exponential leaps and bounds. Really depends who the one is who's doing the thinking.

Well, now that we're on the subject of checking, do the school officials for the school property you fly on know they are responsible for filing a report with the NTSB in the event you meet the criteria? Did you notify them of this when you requested permission in writing to use field for potentially lethal sUAS operations?
Now that makes sense. I don't write the rules, I just read when posted on the internet, and if someone posts it on the internet it must be true, and do my best to not run afoul of them . And as written and presented, would seem to indicate he should be advising the school of this, and also ensuring they have a reporting scheme/protocol in place.


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