Paul H wrote: ↑
Sun Apr 08, 2018 12:35 am
If you truly believe that you can do whatever you like on public land then how about you ride a dirtbike through Ed Levin park. It's public land, isn't that your right?
Riding a dirtbike through Ed Levin Park is not a very good analogy. First the environmental impact of a Hang Glider in flight is minuscule compared to riding a dirtbike through the park. Second and more importantly every citizen of the United States has a declared right of freedom of transit through the navigable airspace of the United States.
Congress wrote: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. PUBLIC LAW 85-726-AUG. 23, 1958 “Federal Aviation Act of 1958”
That declared right is codified in 49 U.S. Code § 40103 - Sovereignty and use of airspace
It is not an issue of doing whatever you like on public land. With regard to regulations, the FAA and the NPS, BLM, etc. have co-jurisdiction in controlling the activities when exercising your declared right to use the airspace.
The central question at hand is the insurance requirement by USHPA controlled sites the exercise of an exclusive right per 49 U.S. Code § 40103(e)?
Although the USHPA is a non-profit organization (the principle owner of the RRRG) the insurance company is not non-profit. It would therefore follow that there could be no exclusive rights with regard to any insurance requirements
to fly a federal government site.
Be intelligent and inclusive.