Edition: Model Aviation - 1997/04
Page Numbers: 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169
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Executive Council Meeting Highlights

The following motions were made at the January 25, 1997 Executive Council meeting. The motions below are part of the unofficial minutes. Minutes from a given meeting are not official until they are approved at the next quarterly Council meeting.

MOTION I

Moved by E. McCollough (XI), seconded by G. Aldrich (VIII), to accept the Executive Director Committee Report and hire Joyce Hager as Executive Director. Motion passed unanimously.

MOTION II

Moved by D. Holland (EDP), seconded by E. McCollough (XI), to adopt the Pylon Racing Waiver as amended and begin to work towards further study of the waiver needs for the complete membership. Motion passed: 9 yes (II, IX, VI, IV, EDP, XI, V, VIII, I), 3 no (X, VII, III).

MOTION III

Moved by E. McCollough (XI), seconded by R. Miller (IX), to convene the Pylon Contest Board Committee for the purpose of examining the waiver and exploring future safety implementation. Motion passed unanimously.

MOTION IV

Moved by D. Holland (EDP), seconded by W. De Cou (II), to change the name of the Finance Committee to the Budget Committee. Motion passed unanimously.

MOTION V

Moved by B. Brown (III), seconded by R. Hanson (X), to accept the following existing site and road names:

  • International Aeromodeling Center
  • Frank V. Ehling Complex
  • National Model Aviation Museum
  • Lee Renaud Memorial Library
  • McLaughlan Road

Motion passed unanimously.

MOTION VI

Moved by E. McCollough (XI), seconded by R. Hanson (X), to accept the following purpose statement: "One of the purposes of the Academy of Model Aeronautics is to establish and continue the National Model Aviation Museum for the collection and exhibiting of the historic, scientific, technical, and artistic legacy of model aviation." Motion passed unanimously.

MOTION VII

Moved by W. De Cou (II), seconded by R. Miller (IX), to approve the sum of $20,000 for Phases I and II of the marketing proposal, subject to earmarking of those funds by the Finance Committee. Motion passed: 11 yes, 1 no (VIII).

MOTION VIII

Moved by E. McCollough (XI), seconded by C. Bauer (VI), to accept the recommendations for the Revised Appointment Procedures for AMA Contest Board members. Motion passed: 11 yes, 1 no.

MOTION IX

Moved by E. McCollough (XI), seconded by R. Miller (IX), to approve:

  1. That funds in the amount of $2,373 be allocated: $1,294 to the Salem R/C Pilots Association and $1,079 to the Barnstormers Model Airplane Club. Said funds to be taken from the Legal Assistance Fund.
  2. That funds in the amount of $2,373 be moved from the Contingencies Fund to the Legal Assistance Fund.

Motion passed unanimously.

Questions or comments on the motions should be addressed to your District Vice President. The official minutes of this meeting will be available after the April 19, 1997 Executive Council meeting.

Next Executive Council Meeting: April 19–20, 1997, Muncie, IN.

AMA News

President’s Corner

By Dave Brown, President, Academy of Model Aeronautics 4871 Trudy Lane, Hamilton, OH 45013

What a month! I can't remember a month in which I have been busier as your president. Most of the activity took place in the last week of 1996 and the first week of 1997.

A major subject has been the waiver of liability proposed for R/C Pylon Racing. Many members misunderstand (or don't believe) the language in the waiver. In some cases members haven't even seen the waiver but are convinced it removes their insurance protection. It doesn't. The waiver waives the signer's right to sue the AMA, the contest director, the site owner, officials, sponsors, etc., arising from participation in the activity covered by the waiver. It does not prevent filing a claim or lawsuit against an individual whose model may have caused injury or property damage, nor does it affect the signer's personal insurance coverage when sued for causing injury or damage.

As of this writing, the R/C Pylon Contest Board has rejected the Emergency Proposal. The Executive Council is considering the issue and it will be interesting to see what happens at the upcoming Council meeting.

I am also looking into business opportunities to reduce AMA's dependence on dues income. Travel and committee meetings are keeping me busy — trade shows, education and FAI committee meetings, PADCOM and the Executive Council. It's a great life if you don't weaken! Till next month.

Some Straight Talk on AMA's Waivers

(Explanation of liability, insurance, and the purpose of waivers)

Liability Means Fault If someone's act (or failure to act when there is a duty to act) causes injury to another, that person is liable for the damages caused by that wrongful action or inaction. Such fault is called negligence. Once fault or liability has been established, the amount of damage is assessed. Whether the wrongdoer has assets to pay the damages does not affect whether he was at fault or how much damage resulted.

Liability and Insurance Liability insurance is one possible asset available to satisfy damages. AMA members typically have:

  • A homeowner's policy that generally covers negligent acts (often even if the act does not occur at home).
  • The AMA insurance program, which provides additional coverage (as noted in AMA materials).

Questions about whether someone committed a negligent act (and how much they owe) are separate from questions about what assets they have to pay the bill.

What a Waiver Does A waiver addresses liability (the right to sue), not assets. By signing an AMA waiver a member says: "If I get hurt, I will not sue the Sponsor, Contest Director, any and all officials at the sanctioned event, the Club(s), site owner(s), or the AMA and its employees." The waiver does not affect the signer's insurance coverage. The injured signer remains free to sue other members, equipment manufacturers, or non-members involved in causing the injury.

The waiver affects what the injured signer can or cannot do; it does not affect the at-fault person's assets. If another member injured the waiver signer, that at-fault member still has homeowner and/or AMA coverage available, and those policies typically provide legal defense costs for the at-fault member.

Why the Waiver Is Written in Long Legal Language Waiver law varies by state. A few states refuse to enforce waivers; most will enforce them only under certain conditions, and courts will look for reasons not to enforce them. California is particularly significant due to membership and activity levels; the waiver was drafted to conform as nearly as possible with California case law to increase enforceability in multiple states. Short, informal language would likely be struck down in several jurisdictions.

Policy Considerations — "Should We Have a Waiver?" This is a policy decision with at least two positions:

  • Supporters argue that the waiver helps preserve AMA insurance assets (the retained limit of the policy) for defending and indemnifying members, chartered clubs, and site owners, rather than having those assets partially consumed by lawsuits naming AMA even when AMA had no role in the incident.
  • Opponents worry members will misunderstand the waiver and believe AMA is taking away member benefits.

Both concerns have merit. Some members misunderstood that signing a waiver would prevent them from suing AMA over an insurance policy dispute; that was never the intent. Courts are unlikely to allow the waiver to bar suits related to insurance contract interpretation. In such a case, a member could point to policy-dispute considerations and defeat an attempt to enforce the waiver in that context.

Copies of the Radio Control Pylon Racing waiver are available via:

  • AMA Fax-on-Demand: (800) 500-3139 (document number 514)
  • AMA website: www.modelaircraft.org
  • AMA telephone: 1-800 I FLY AMA (1-800-435-9262), ask for extension 252

TO COLLECT • Preserve • Exhibit

National Model Aviation Museum

Gary Prater, Museum Director 5151 E. Memorial Dr., Muncie, IN 47302 — 765-289-4236

Action: Since the National Model Aviation Museum was founded in 1983, hundreds of people have donated thousands of objects to create what is probably the world's largest collection of model‑aviation‑related memorabilia. Since AMA moved to Muncie, visitors have seen outstanding exhibits and experienced the awe of being surrounded by the history of model aviation on an unprecedented scale.

There's a great deal of magnificent material on display. For members who have yet to visit the Muncie facility, future articles and photos will give some idea of what visitors see. What the public cannot see are the hours spent building the museum—behind the scenes greeting people, answering phones, writing letters, attending meetings, planning, evaluating—work done to collect, preserve, and exhibit the historic, scientific, technical, and artistic legacy of model aviation. The three words—collect, preserve, exhibit—define the museum's mission.

In Memoriam

It is with sadness we report that New York State lost a father‑son team of modelers in August 1996. John Lewis Sr., 53, and his 14‑year‑old son Glenn died in a boating accident. John flew with the Richmond Radio Control Club and served as a club officer with the Goshen Gremlins and the Black Dirt Squadron in Orange County, NY. He was an active promoter of the hobby and an avid Scale builder, with a logbook containing more than 9,300 entries. Glenn was a skilled RC pilot beyond his years. They will be remembered for their love of building and flying and their friendship to others.

News & Notes

Tangerine Pylon Race — Apopka, Florida

Apopka hosted a Tangerine Pylon Race for .422 and .428 classes. Don Leighton is listed as Contest Director. Multiple contest directors covered different days of racing. Club presidents cooperated to make the event successful; paperwork was completed for AMA Leader memberships.

Wiregrass RC Club — Ft. Rucker, Alabama

Ken Blackwell, secretary and editor of the Wiregrass RC Club, reports that Jim Morgan, president of Cool Power Fuel Company, created an award for Billy Pearce. The Wiregrass RC Club held its 6th "Billy Pearce Helicopter Fly‑In" in November.

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For questions or comments on Executive Council matters, contact your District Vice President. For museum information, contact Gary Prater at the address/phone above.

Transcribed from original scans by AI. Minor OCR errors may remain.