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Self Regulated?

PostPosted: Sat Mar 14, 2015 12:53 pm
by magentabluesky
Are the sports of Hang Gliding and Paragliding really Self Regulated?

On July 30, 1982 Federal Aviation Regulation Part 103 was adopted and became effective on October 3, 1982 regulating Ultralight Vehicles by the Federal Aviation Administration, which includes hang gliding and paragliding. While the rules applied to Ultralight Vehicles are brief (103.1 through 103.23), what is clear is the Federal Government administered through the Federal Aviation Administration is the controlling authority of the navigable airspace over the United States which includes the airman and air aircraft transitioning through that airspace.

In the furtherance of that authority, FAR 103.5 requires written permission from the Administrator to deviate from the simple Ultralight Rules. Under the authority of the Federal Aviation Administrator part 103.7 states the “operators of ultralight vehicles are not required to meet any aeronautical knowledge, age, or experience requirements to operate those vehicles or to have airman or medical certificates.” That is great news from the Federal Government who is the controlling authority.

An interesting right was declared under Section 104 in the original passage of the Aviation Act of 1958 which created the Federal Aviation Administration:

SEC. 104. There is hereby recognized and declared to exist in behalf of any citizen of the United States a public right of freedom of transit through the navigable airspace of the United States.

That right is now codified in 49 U.S. Code § 40103(a)(2) – Sovereignty and use of airspace.

Self Regulated?

Re: Self Regulated?

PostPosted: Sat Mar 14, 2015 4:21 pm
by JoeF
Once in the air: self-regulated.
Use of launching point? Regulated in by property owners?
Use of landing point? Regulated by property owner?

Re: Self Regulated?

PostPosted: Sat Mar 14, 2015 8:23 pm
by magentabluesky
What about public property?

There is long standing law regarding easement rights for passage to public domains through both public and private property. Isn’t navigable airspace the public domain that each citizen has a declared right to navigate through. Does that not imply a right to access through easement?

Re: Self Regulated?

PostPosted: Sun Mar 15, 2015 1:35 pm
by JoeF
Catalog of easements?

Some interesting non-legal comments by a helicopter pilot:
http://www.aneclecticmind.com/2009/03/0 ... ding-zone/

Catalog of land of BLM that is NOT "wilderness" ?

Core: Do no injury to others, animals, plants, things, or to property.

Re: Self Regulated?

PostPosted: Sun Mar 15, 2015 1:36 pm
by JoeF
Where one may walk and hike ....
might approximate where one might high walk (with giant steps through the air) with wing ...

People carry umbrellas and skip and leap ... sorts of walking ...
Personal wings ... as birds! To come up to privilege: Yet more tech advance is needed. We are on our way ...

Re: Self Regulated?

PostPosted: Sun Mar 15, 2015 3:39 pm
by JoeF
http://static.guim.co.uk/sys-images/Gua ... -s-009.jpg
Pegasus and us.
Photo: Muybridge
Revolution in thought ...

Notice the flight:
http://media.npr.org/assets/news/2010/0 ... 00-c15.jpg

Re: Self Regulated?

PostPosted: Sun Mar 15, 2015 7:21 pm
by SamKellner
JoeF wrote:Once in the air: self-regulated.
Use of launching point? Regulated in by property owners?
Use of landing point? Regulated by property owner?


This quote very accurately describes our foot launch hill here in southwest Tx. Mt Buz.

We claimed the U.S. footlaunch record for paragliders :shifty: with a 162mi flight. 2005?

That record stood for 5 years.

I'd like to see more FL flying here. The hike to launch takes ~30min. We've seen light use of this site with PG most. Because of the hike?

BillC's HG hauling rig will not work on this trail. But with 2 guys it takes about 30min. to get a HG up there.

Thanks to the property owner.

Same for TO and LZ. This video from Nate. http://youtu.be/5NVwFm03Y0g



:clap:

Re: Self Regulated?

PostPosted: Sun Mar 15, 2015 11:20 pm
by Bob Kuczewski
magentabluesky wrote:An interesting right was declared under Section 104 in the original passage of the Aviation Act of 1958 which created the Federal Aviation Administration:

SEC. 104. There is hereby recognized and declared to exist in behalf of any citizen of the United States a public right of freedom of transit through the navigable airspace of the United States.

That right is now codified in 49 U.S. Code § 40103(a)(2) – Sovereignty and use of airspace.

  :

There is long standing law regarding easement rights for passage to public domains through both public and private property. Isn’t navigable airspace the public domain that each citizen has a declared right to navigate through. Does that not imply a right to access through easement?

This really is a very clever idea. I'll discuss it when I meet with my legal team.   :thumbup: :thumbup: :thumbup:

Re: Self Regulated?

PostPosted: Mon Mar 16, 2015 12:47 pm
by Rick Masters
A discussion on Hanggliding.org about the freedom of nanolights has got me thinking. Back in the day, we chopper guys would put little dentist mirrors on our handlebars to meet DMV vehicle code. The code didn't specify the size of a mirror -- just that you had to have one on your motorcycle.

So if the operation of a nanolight has no restrictions compared to other aircraft, even hang gliders, what's to stop hang glider pilots from attaching a cheapo little electric motor from a balsa model and attaching it anywhere on their hang glider to claim they are flying a nanolight?

Just sayin'...

Re: Self Regulated?

PostPosted: Mon Mar 16, 2015 12:49 pm
by Free
bobk wrote: This really is a very clever idea. I'll discuss it when I meet with my legal team.


I'm sure your legal team would love explaining the reasons why this won't fly but save yourself the billing hours.
It's reaching for straws. Legal "teams" cost a lot of money. This would be good money chasing bad.
I'm not a lawyer and I'm not playing a lawyer. No charge.