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Old 10-01-2020, 09:14 AM
  #376  
init4fun
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Originally Posted by franklin_m
........... to disobey explicit Federal law. Gee ... what could possibly go wrong with that plan!
Well , , , as long as they ain't a comin for that million dollar Pot farm I got a growin out on the back 40 , , , , , Kidding ! just kidding , , , , , ,

....... they'd tax the Hell outta me if they knew it was actually a billion
Old 10-01-2020, 12:50 PM
  #377  
R_Strowe
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Originally Posted by Hydro Junkie
And that is where, if they never asked for one, they lied to everyone. That is also where the can of worms starts overflowing, if they didn't request the waiver or, if they did, they only requested one for Muncie, throwing the flying fields and membership under the bus
Exactly. It would be better to find this out internally and either: A, the waiver was issued and there is no problem, or B, the waiver was never issued, the AMA lied about it, and the membership can do with it as they see fit (like calling for executive resignations, etc.).

I don't see an issue with a waiver being applied for on a site-by-site or event-by-event basis. And doing such is (I don't believe) throwing the flying fields or membership under the bus. As long as they have good reason for such a waiver (just saying I feel like having a waiver is not a good enough reason).

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Old 10-01-2020, 02:05 PM
  #378  
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Originally Posted by R_Strowe

I don't see an issue with a waiver being applied for on a site-by-site or event-by-event basis. And doing such is (I don't believe) throwing the flying fields or membership under the bus. As long as they have good reason for such a waiver (just saying I feel like having a waiver is not a good enough reason).

R_Strowe
And, normally, I would agree with you. The AMA claims to be, as I understand it, the contact point with the FAA and should be the one's to get the waiver process rolling. This does, if true, put the members and club officers in a bad situation. IF they ask the powers that be for something(such as a waiver), they have to assume it's being handled. Other organizations don't do this, removing the question of compliance.
I'll use the boating club I belong to as an example. Every year:
  • the members are required to join NAMBA to be eligible to race and to be covered by the NAMBA group insurance
  • the club officers set up a schedule of races and locations.
  • the club officers get the required permits and approvals for the race sites
  • the club officers put out the schedule, get the insurance coverage for the race sites through NAMBA and ask members to run the races
  • one or two members handle the actual race, setting up formats, purchasing trophies/plaques, setting up the course, etc
  • the officers put out a newsletter and an update to the season point standings after every race BUT BEFORE the next race.
IIRC, that is what the AMA did when it first formed, along with being a clearing house for plans and help with building/flying the aircraft. Now, the AMA has morphed into something totally different that's trying to be all things to anyone that flies
Old 10-01-2020, 02:39 PM
  #379  
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Originally Posted by Hydro Junkie
... The AMA claims to be, as I understand it, the contact point with the FAA and should be the one's to get the waiver process rolling. ... Now, the AMA has morphed into something totally different that's trying to be all things to anyone that flies
I think the AMA's plan works until FAA HQ (i.e. FAA IG / FAA legal) starts learning these waivers in PUBLIC airspace are limited to ONLY members of a PRIVATE dues collecting organization. Absent a clear and realistic process for non-members to obtain the same waivers in public airspace, what FAA is doing is unconstitutional on equal protection grounds. At that point, FAA has three choices: continue and risk litigation in Federal court, create a process for non-members, or stop issuing them to private dues collecting organizations. I humbly submit that of the three, the latter is easier for FAA.

Assuming the FAA takes that path, and stops issuing them to AMA, then all that remains is the issue of compliance (or lack thereof) at AMA events. Again, if I'm the AMA and I'm trying to get FAA to name me as the first CBO, it is organizational malpractice to be so blatantly tolerating non-compliance and actually encouraging it. But then again, maybe the FAA is playing 3D chess once again. Giving AMA all the rope they need to create a justification to say "No" to the CBO application. Heaven knows there's enough examples at turbine events alone.
Old 10-01-2020, 03:13 PM
  #380  
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Originally Posted by franklin_m
I think the AMA's plan works until FAA HQ (i.e. FAA IG / FAA legal) starts learning these waivers in PUBLIC airspace are limited to ONLY members of a PRIVATE dues collecting organization. Absent a clear and realistic process for non-members to obtain the same waivers in public airspace, what FAA is doing is unconstitutional on equal protection grounds. At that point, FAA has three choices: continue and risk litigation in Federal court, create a process for non-members, or stop issuing them to private dues collecting organizations. I humbly submit that of the three, the latter is easier for FAA.

Assuming the FAA takes that path, and stops issuing them to AMA, then all that remains is the issue of compliance (or lack thereof) at AMA events. Again, if I'm the AMA and I'm trying to get FAA to name me as the first CBO, it is organizational malpractice to be so blatantly tolerating non-compliance and actually encouraging it. But then again, maybe the FAA is playing 3D chess once again. Giving AMA all the rope they need to create a justification to say "No" to the CBO application. Heaven knows there's enough examples at turbine events alone.
Nobody is stopping you or anyone else from forming another CBO and going into competition with the AMA. And if they can show a reasonable, justifiable need for such a waiver, they would be entitled to such.

But just like you must have certain equipment to operate in, say Class A or B airspace (it's all public airspace, right? I have a RIGHT to be there!), There is nothing wrong with requiring one to show a legitimate need for such. (oh, and if you don't have the requisite equipment, ratings and clearance, you stand a very good chance of being violated and fined by the FAA, because you DON'T have a 'right' to be there).

Face it, Frank, your anger with the AMA is about being denied AMA funds for a flying site on a MILITARY BASE (funds of a private, dues-paying organization, as you are so fond of saying), to help fund a site that would only be accessible to members of the military. Those members were perfectly capable of leaving the base and going to a local club field where ALL members could access a site funded (in part) with AMA dollars.

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Old 10-01-2020, 03:56 PM
  #381  
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Originally Posted by R_Strowe
Nobody is stopping you or anyone else from forming another CBO and going into competition with the AMA. And if they can show a reasonable, justifiable need for such a waiver, they would be entitled to such.
What makes it unconsitutional has nothing to do with whether there's one or a handful of private organizations. What makes it unconstitutional is forcing one to associate with ANY private dues collecting organization in order to enjoy privileges in public airspace.

Originally Posted by R_Strowe
But just like you must have certain equipment to operate in, say Class A or B airspace (it's all public airspace, right? I have a RIGHT to be there!), There is nothing wrong with requiring one to show a legitimate need for such. (oh, and if you don't have the requisite equipment, ratings and clearance, you stand a very good chance of being violated and fined by the FAA, because you DON'T have a 'right' to be there).
  • Equipment - anyone can purchase. Not contingent on association with any private dues collecting organization.
  • Ratings - governmental. Again, not contingent on association with any private dues collecting organization.
  • Clearance - governmental. And one more time, not contingent on association with any private dues collecting organization.
  • Can be in class A or B is ... wait for it ... not contingent on association with any private dues collecting organization.

Originally Posted by R_Strowe
Face it, Frank, your anger with the AMA is about being denied AMA funds for a flying site on a MILITARY BASE (funds of a private, dues-paying organization, as you are so fond of saying), to help fund a site that would only be accessible to members of the military. Those members were perfectly capable of leaving the base and going to a local club field where ALL members could access a site funded (in part) with AMA dollars.
Again, nothing to do with the field .. but everything to do with AMA trying to use law to compel membership.

Last edited by franklin_m; 10-02-2020 at 02:39 AM.
Old 10-03-2020, 05:22 AM
  #382  
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And yet, the current law, as written by Congress, relegates flying to FRIA’s (which are only set up through CBO’s, private dues-paying organizations), unless one is following Standard or Limited RID. Either the law is unconstitutional, or your interpretation of ‘public airspace’ is. Can’t have it both ways.

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Old 10-03-2020, 05:37 AM
  #383  
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The other thing to consider, Franklin's use of the term " Private dues collecting organization ". I don't see that as holding up in court as both the AMA and affiliated clubs can easily show that there is no discrimination in membership. I also don't see a court determining that $75 per year and another $35 to $150 per year for club membership overly burdensome.
Old 10-03-2020, 06:07 AM
  #384  
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So , here's a kinda funny pic for my happy thread . This is the little foamy parkzone cub I use to give introductory flights to people interested in RC planes . Here you see it sitting on the hood of my car , where I was putting the battery in it getting it ready for it's next flight . I heard what I thought was a servo buzzing so I unplugged the battery , and yet the buzzing persisted , , , look up in the tree about 15 or 20 feet above the plane ....... !



Old 10-03-2020, 06:16 AM
  #385  
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Yikes! I woulda been out of there lightning fast. Hope you had an enjoyable morning though.
Old 10-03-2020, 06:24 AM
  #386  
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Originally Posted by R_Strowe
And yet, the current law, as written by Congress, relegates flying to FRIA’s (which are only set up through CBO’s, private dues-paying organizations), unless one is following Standard or Limited RID. Either the law is unconstitutional, or your interpretation of ‘public airspace’ is. Can’t have it both ways.
Actually, you’re wrong. There is nothing in current “LAW” about FRIAs. Only a proposed rule, which are often found unconstitutional when challenged.
Old 10-03-2020, 06:24 AM
  #387  
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Originally Posted by speedracerntrixie
Yikes! I woulda been out of there lightning fast. Hope you had an enjoyable morning though.
Oh yeah , I jumped in the car and slowly backed away with the plane still on the hood !

It's a cute little foamy , it looks tiny on the car hood and even smaller on the club field runway , but it serves the purpose of introductory flights really well , just it and a couple of DX-5 TXs with a buddy cord and everyone whose flown it was grinning from ear to ear afterward



Old 10-03-2020, 06:29 AM
  #388  
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Originally Posted by speedracerntrixie
The other thing to consider, Franklin's use of the term " Private dues collecting organization ". I don't see that as holding up in court as both the AMA and affiliated clubs can easily show that there is no discrimination in membership. I also don't see a court determining that $75 per year and another $35 to $150 per year for club membership overly burdensome.
That’s not how the Constitution works. It’s not that they don’t discriminate, it’s that you are forced to associate AT ALL with any private dues collecting organization in order to enjoy special privileges in PUBLIC airspace.

Furthermore, another problem is that so long as these private dues collecting can deny membership based on bylaws, or expel members, or deny membership based on something like maximum number of club members - the policy is discriminatory.
Old 10-03-2020, 06:30 AM
  #389  
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Originally Posted by franklin_m
Unfortunately, much of what was "as you always have" is now explicitly illegal under 49 USC 44809(a)(6).

Therefore AMA telling members to "just keep flying as you always have" is in fact AMA encouraging their members to disobey explicit Federal law. Gee ... what could possibly go wrong with that plan!
Have you considered that AMA is relaying the message from the FAA to their members? Plenty of examples of the FAA knowing when and where altitude limits were being broken yet they illustrated zero concern. Again I will remind you of how the 2019 Soaring Nats went down.

1. LSF CD asked FAA " are we required to verify registration? " answer: No, you are not agents of FAA and do not have access to that database.

2. LSF CD notified FAA " we fully intend to fly over 400' and would like to apply for a waiver " answer: No waiver is required, proceed with your event.


I highly suspect the same happened with the pattern team trials. Doubt this if you wish but keep in mind that I am connected well enough with both groups that I have spoken with multiple event participants in both cases.
Old 10-03-2020, 06:36 AM
  #390  
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Originally Posted by franklin_m
That’s not how the Constitution works. It’s not that they don’t discriminate, it’s that you are forced to associate AT ALL with any private dues collecting organization in order to enjoy special privileges in PUBLIC airspace.

Furthermore, another problem is that so long as these private dues collecting can deny membership based on bylaws, or expel members, or deny membership based on something like maximum number of club members - the policy is discriminatory.

Until it would actually go to court both you and I are expressing nothing more then opinions based on our own experiences.
Old 10-03-2020, 06:39 AM
  #391  
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Originally Posted by init4fun
Oh yeah , I jumped in the car and slowly backed away with the plane still on the hood !

It's a cute little foamy , it looks tiny on the car hood and even smaller on the club field runway , but it serves the purpose of introductory flights really well , just it and a couple of DX-5 TXs with a buddy cord and everyone whose flown it was grinning from ear to ear afterward



Agree, I have flown one on several occasions and for what they are they fly incredibly well and quite easy. I kinda do the same when promoting pattern, call a guy over and just stick the TX in his hands and walk away.
Old 10-03-2020, 09:32 AM
  #392  
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Originally Posted by speedracerntrixie
Until it would actually go to court both you and I are expressing nothing more then opinions based on our own experiences.
Maybe in your case. You can't comment on what other irons I have in the fire...
Old 10-03-2020, 09:44 AM
  #393  
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Originally Posted by speedracerntrixie
Have you considered that AMA is relaying the message from the FAA to their members?
One of the many things I hope to learn, definitively, as a result of my FOIA submission.

Originally Posted by speedracerntrixie
Plenty of examples of the FAA knowing when and where altitude limits were being broken yet they illustrated zero concern. Again I will remind you of how the 2019 Soaring Nats went down.
FAA is aware of all sorts of things go "down," but that does not equal approval.

Originally Posted by speedracerntrixie
1. LSF CD asked FAA " are we required to verify registration? " answer: No, you are not agents of FAA and do not have access to that database.
The discussion is about compliance with 49 USC 44809 (a)(5) and (a)(6).

Originally Posted by speedracerntrixie
2. LSF CD notified FAA " we fully intend to fly over 400' and would like to apply for a waiver " answer: No waiver is required, proceed with your event.
Is it in writing? If so, my FOIA submission will produce it. I should thank you for talking so openly about the types of events where one MUST exceed 400 feet to be competitive. It really helped me come up with a list of dates, times, and locations.

Originally Posted by speedracerntrixie
I highly suspect the same happened with the pattern team trials. Doubt this if you wish but keep in mind that I am connected well enough with both groups that I have spoken with multiple event participants in both cases.
You can suspect all you like. Again, if they had approval to violate explicit Federal law, the FAA will produce it as a result of the FOIA submission. If they did not, then we will know that as well --- as will FAA.
Old 10-03-2020, 02:27 PM
  #394  
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Originally Posted by Hydro Junkie
And, . Now, the AMA has morphed into something totally different that's trying to be all things to anyone that flies
Like I said before they should concentrate on members only needs let everyone else fend for themselves.
Old 10-03-2020, 03:16 PM
  #395  
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Originally Posted by Propworn
Like I said before they should concentrate on members only needs let everyone else fend for themselves.
So, by your definition, that would mean you need to fend for your self when ever you cross the border since you're not an AMA member either
Old 10-03-2020, 03:25 PM
  #396  
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Originally Posted by Hydro Junkie
So, by your definition, that would mean you need to fend for your self when ever you cross the border since you're not an AMA member either
And I always have. The reciprocal agreement allows my insurance to cover me in the US to the tune of 7.5 million first party. No having to use any of my personal insurance first.
Pretty darn good for an under 14,000 member association. Most of our benifits came about by concentrating on members only needs.

Last edited by Propworn; 10-03-2020 at 03:29 PM.
Old 10-04-2020, 05:49 AM
  #397  
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Originally Posted by Hydro Junkie
So, by your definition, that would mean you need to fend for your self when ever you cross the border since you're not an AMA member either
Whats the mater puddle racer attempt at a couple cheap shots not working today. All we did in Canada was to let the air authority make the rules for everyone then apply for an exemption for MAAC members. Any other organization could do the same. If the AMA would heve done that I doubt there would have been an issue for the member's.
Old 10-04-2020, 06:15 AM
  #398  
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Best full scale aviation day EVER !!!!! I'm hidden on the other side of the plane helping my Son get in (the pair of black shoes you can see if you look under the fuselage near the left hand wheel) . Anyone else got any pics of themselves doing anything cool with full scale aircraft ?





Old 10-04-2020, 06:22 AM
  #399  
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Dennis, as of right now there really isn't an issue. All indications point toward the FAA leaving us alone. In the 2 years since all this was supposed to go into effect the FAA has not interfered with a single event nor written a single citation to a LOS airplane pilot. The observant people in these threads seem to be missing that point. Yes it was written into law but history shows us that a law is nothing more then a peice of paper until that law has passed the test of being upheld in a court of law. Many laws have been overturned the first time they get to court. There are also literally hundreds of laws that are ignored by residents and law enforcement on a daily basis. The problem with openly ignoring this particular law is that it goes against the narrative of certain people with an axe to grind. For those of us who frequent multiple club fields and pay attention to events happening around the country it's obvious that the hobby remains the same. It's fairly obvious that the FAA is not interested in enforcing the law that congress forced them to create. Why do you think they haven't produced a test yet? Why haven't they recognized any CBO? Could it be that they just don't want to be bothered with spending millions of taxpayer money on a hobby that is slowly bleeding to death? Given enough time they realize that there just won't be enough of us to worry about.

Of course there are some who feel that they need to force others into compliance without the authority to do so. One such individual is seeking specific information from the FAA in an attempt to FORCE them to uphold a law they seem to not really care about. Hasn't that very person criticized the AMA for trying to force the hand of the FAA? Watch next as that very person will reply to this thread in a long winded reply that IMO ( pardon the phrase ) reminds me of Bible thumping. All it does is remind me how dangerous I must be to his narrative.
Old 10-04-2020, 06:30 AM
  #400  
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Originally Posted by init4fun
Best full scale aviation day EVER !!!!! I'm hidden on the other side of the plane helping my Son get in (the pair of black shoes you can see if you look under the fuselage near the left hand wheel) . Anyone else got any pics of themselves doing anything cool with full scale aircraft ?






Very cool Init, I have a couple I can share with you.











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