Sign in, say "hi", ... and be welcomed.

Self Regulated?

Postby magentabluesky » Sat Mar 14, 2015 12:53 pm

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?
magentabluesky
Michael Grisham
magentabluesky
User avatar
Contributor
Contributor
 
Posts: 335
Joined: Thu May 26, 2011 10:26 pm

Re: Self Regulated?

Postby JoeF » Sat Mar 14, 2015 4:21 pm

Once in the air: self-regulated.
Use of launching point? Regulated in by property owners?
Use of landing point? Regulated by property owner?
Join a National Hang Gliding Organization: US Hawks at ushawks.org

View pilots' hang gliding rating at: US Hang Gliding Rating System
JoeF
User avatar
Contributor
Contributor
 
Posts: 4688
Joined: Sat Aug 14, 2010 3:41 pm

Re: Self Regulated?

Postby magentabluesky » Sat Mar 14, 2015 8:23 pm

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?
magentabluesky
Michael Grisham
magentabluesky
User avatar
Contributor
Contributor
 
Posts: 335
Joined: Thu May 26, 2011 10:26 pm

Re: Self Regulated?

Postby JoeF » Sun Mar 15, 2015 1:35 pm

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.
Last edited by JoeF on Sun Mar 15, 2015 1:59 pm, edited 2 times in total.
Join a National Hang Gliding Organization: US Hawks at ushawks.org

View pilots' hang gliding rating at: US Hang Gliding Rating System
JoeF
User avatar
Contributor
Contributor
 
Posts: 4688
Joined: Sat Aug 14, 2010 3:41 pm

Re: Self Regulated?

Postby JoeF » Sun Mar 15, 2015 1:36 pm

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 ...
Join a National Hang Gliding Organization: US Hawks at ushawks.org

View pilots' hang gliding rating at: US Hang Gliding Rating System
JoeF
User avatar
Contributor
Contributor
 
Posts: 4688
Joined: Sat Aug 14, 2010 3:41 pm

Re: Self Regulated?

Postby JoeF » Sun Mar 15, 2015 3:39 pm

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
Join a National Hang Gliding Organization: US Hawks at ushawks.org

View pilots' hang gliding rating at: US Hang Gliding Rating System
JoeF
User avatar
Contributor
Contributor
 
Posts: 4688
Joined: Sat Aug 14, 2010 3:41 pm

Re: Self Regulated?

Postby SamKellner » Sun Mar 15, 2015 7:21 pm

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:
Southwest Texas Hang Gliders
US Hawks Hang Gliding Assn.
Chapter #4
SamKellner
User avatar
Contributor
Contributor
 
Posts: 1258
Joined: Mon Aug 30, 2010 7:15 pm
Location: SW Texas

Re: Self Regulated?

Postby Bob Kuczewski » Sun Mar 15, 2015 11:20 pm

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:
Join a National Hang Gliding Organization: US Hawks at ushawks.org
View my rating at: US Hang Gliding Rating System
Every human at every point in history has an opportunity to choose courage over cowardice. Look around and you will find that opportunity in your own time.
Bob Kuczewski
User avatar
Contributor
Contributor
 
Posts: 8515
Joined: Fri Aug 13, 2010 2:40 pm
Location: San Diego, CA

Re: Self Regulated?

Postby Rick Masters » Mon Mar 16, 2015 12:47 pm

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'...
Rick Masters
Contributor
Contributor
 
Posts: 3260
Joined: Fri Jul 15, 2011 5:11 am

Re: Self Regulated?

Postby Free » Mon Mar 16, 2015 12:49 pm

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.
Free
User avatar
Contributor
Contributor
 
Posts: 1084
Joined: Tue Aug 17, 2010 8:47 pm

Next
Forum Statistics

Who is online

Users browsing this forum: No registered users and 250 guests

Options

Return to Hang Gliding General