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AV8ORJWC



Joined: 13 Jul 2006
Posts: 1149
Location: Aurora, Oregon "Home of VANS"

PostPosted: Tue Jan 22, 2008 2:17 pm    Post subject: Insurance Reply with quote

Patrick, great catch.

As a retired Pilot Examiner, it is true that the currency of a medical is not a requirement for Right Seat. Second in Command also has nothing to do with “Required Crew” which by nature is a tattoo placed in the Aircraft Limitations and does not get removed without a lot of re-submittal of paperwork with your FSDO. Warbirds have extinguished that issue in the effort to take Fat Cats up for joyrides during waivered airspace in conjunction with airshows. Required Crew is forever. Restricted to Solo flight is time specific.

When the Phase One says “Restricted to Solo flight” good luck with your armchair attorney trying to persuade the casualty insurance carrier that your “Good Buddy” was operating as “Required Crew” while you said “Hold my Beer and Watch This” as you log off your Phase One. Pen and Ink Logbook entries will always be with us. Great Examiners and Instructors can find those patterns quickly. It has something to do with the certification statement they sign that they have personally reviewed such entries.

These interpretations have come down from Washington Legal and are not open to individual FSDO Inspector interpretation. Attorneys are strange about such stuff.

Stay Safe, take along a current Gold Seal CFI or II (who knows your make and model of aircraft) and both of you get to log it.

John


From: owner-rv10-list-server(at)matronics.com [mailto:owner-rv10-list-server(at)matronics.com] On Behalf Of GRANSCOTT(at)aol.com
Sent: Tuesday, January 22, 2008 1:34 PM
To: rv10-list(at)matronics.com
Subject: Re: Insurance


In a message dated 1/22/2008 2:17:46 PM Central Standard Time, rene(at)felker.com writes:
Quote:

Just for clarification......

1. Pilot not flying, right seat guy/gal must be rated and current in the
aircraft to fly as safety pilot.

2. Pilot not flying, assumes PIC for a portion (while pilot flying is under
the hood) of the flight.

3. Both pilots can log time.

It is just a way to build a little time at little or no expense.

Also, pilot not flying is a required crew member ...........

I fly a lot with other pilots and always make sure that we agree on who is
PIC and who is not.....even with my instructor.


Rene',



You may want to take a look at FAR 61.51...PIC is the pilot flying the plane (the sole manipulator of the controls) while the other person is a "safety pilot" and not PIC unless 61.51(e) (3)..."an authorized insturctor may log as PIC time all flight time while acting as an authorized instructor"..."PIC time for a pilot is only when you are the sole manipulator of the controls for which the pilot is rated or has priveleges"...if you act as Safety Pilot and you are not manipulator of the controls you're not PIC...the pilot flying under the "hood" is PIC, you can log time but not PIC time, unless you are the CFI/I.



Your point on required crew member is only true if the aircraft you are operating is covered by 61.55 and this covers how the aircraft is certificated not the operation you're performing..I really don't think to many part 91 aircraft have a second in command (required crew member per operation certificate) requirement...



I don't think it says anywhere that the person acting as safety pilot needs to be current or have a current medical for that matter either just that they have to be rated for category and class.



If you and your mates are logging PIC time incorrectly, well that's your matter. But you may want to re-read the regulation and discuss it with a member from the FSDO or a master CFI/I...IMHO



Patrick





Start the year off right. Easy ways to stay in shape in the new year.
[quote] [b]


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PostPosted: Tue Jan 22, 2008 2:24 pm    Post subject: Insurance Reply with quote

In a message dated 1/22/2008 2:17:46 PM Central Standard Time,
rene(at)felker.com writes:
Quote:

3. Both pilots can log time.


Yes, this would appear to be true, and both may be able to log PIC
time if it is agreed beforehand that the safety pilot will act as the
legal PIC during the time that the pilot manipulating the controls is
under the hood.

This web page has a pretty good read of the subject:

<http://www.pilotjourney.com/Aviation_Training/Instrument_Pilot/PIC:_Who_Is_It?_Who_Can_Log_It?/>
http://www.pilotjourney.com/Aviation_Training/Instrument_Pilot/PIC:_Who_Is_It?_Who_Can_Log_It?/

There are a few others as well:
<http://www.southern-aviator.com/editorial/articledetail.lasso?-token.key=9910&-token.src=column&-nothing>

<http://www.rodmachado.com/Articles/Logging_Flight_Time.htm>

FAA FAQ excerpt here:
<http://www.rodmachado.com/Articles/Logging_Flight_Time2.htm>

-Dj
--
Dj Merrill - N1JOV
Glastar Sportsman 2+2 Builder #7118 N421DJ
http://deej.net/sportsman/

"Many things that are unexplainable happen during the construction of an
airplane." --Dave Prizio, 30 Aug 2005


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apilot2(at)gmail.com
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PostPosted: Tue Jan 22, 2008 2:32 pm    Post subject: Insurance Reply with quote

Not entirely.
To fly safety you must have at least recreational or private license,
minimum, rated in category and class..e.g. single engine land. No
endorsements needed...to log SIC. But, does require current medical.
To "act" as PIC you do need to be endorsed for the type of
aircraft...HP, tailwheel, etc.
You are right that safety pilot can act as PIC and log as PIC.
Handling pilot can log PIC as long as they have private license, no
need to be endorsed or current in the plane IF safety is actual PIC.

On Jan 22, 2008 1:11 PM, Rene Felker <rene(at)felker.com> wrote:
[quote]

Just for clarification......

1. Pilot not flying, right seat guy/gal must be rated and current in the
aircraft to fly as safety pilot.

2. Pilot not flying, assumes PIC for a portion (while pilot flying is under
the hood) of the flight.

3. Both pilots can log time.

It is just a way to build a little time at little or no expense.

Also, pilot not flying is a required crew member ...........

I fly a lot with other pilots and always make sure that we agree on who is
PIC and who is not.....even with my instructor.

Rene' Felker
N423CF
40322
801-721-6080

--


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PostPosted: Tue Jan 22, 2008 2:38 pm    Post subject: Insurance Reply with quote

Confusion Alert!
FAA General Counsel has ruled. There are no regional or local FSDO
interpretations on safety pilot issues.
Safety pilot IS a required crew member by regulation...has nothing to
do with aircraft type.
As a required crew member, a current medical IS required. (believe me,
this chaps my arse, as my wife is rated, but doesn't have medical).
Warbirds, experimental issues...different can of worms. As you
say...no dual permitted during phase one, no safety pilot allowed.
That is certification requirement, separate from IFR practice with
safety pilot.

On Jan 22, 2008 3:12 PM, John W. Cox <johnwcox(at)pacificnw.com> wrote:
Quote:


Patrick, great catch.

As a retired Pilot Examiner, it is true that the currency of a medical is
not a requirement for Right Seat. Second in Command also has nothing to do
with "Required Crew" which by nature is a tattoo placed in the Aircraft
Limitations and does not get removed without a lot of re-submittal of
paperwork with your FSDO. Warbirds have extinguished that issue in the
effort to take Fat Cats up for joyrides during waivered airspace in
conjunction with airshows. Required Crew is forever. Restricted to Solo
flight is time specific.

When the Phase One says "Restricted to Solo flight" good luck with your
armchair attorney trying to persuade the casualty insurance carrier that
your "Good Buddy" was operating as "Required Crew" while you said "Hold my
Beer and Watch This" as you log off your Phase One. Pen and Ink Logbook
entries will always be with us. Great Examiners and Instructors can find
those patterns quickly. It has something to do with the certification
statement they sign that they have personally reviewed such entries.

These interpretations have come down from Washington Legal and are not open
to individual FSDO Inspector interpretation. Attorneys are strange about
such stuff.

Stay Safe, take along a current Gold Seal CFI or II (who knows your make and
model of aircraft) and both of you get to log it.

John

________________________________
From: owner-rv10-list-server(at)matronics.com
[mailto:owner-rv10-list-server(at)matronics.com] On Behalf Of GRANSCOTT(at)aol.com
Sent: Tuesday, January 22, 2008 1:34 PM

To: rv10-list(at)matronics.com
Subject: Re: Insurance
In a message dated 1/22/2008 2:17:46 PM Central Standard Time,
rene(at)felker.com writes:
Just for clarification......

1. Pilot not flying, right seat guy/gal must be rated and current in the
aircraft to fly as safety pilot.

2. Pilot not flying, assumes PIC for a portion (while pilot flying is
under
the hood) of the flight.

3. Both pilots can log time.

It is just a way to build a little time at little or no expense.

Also, pilot not flying is a required crew member ...........

I fly a lot with other pilots and always make sure that we agree on who is
PIC and who is not.....even with my instructor.

Rene',

You may want to take a look at FAR 61.51...PIC is the pilot flying the plane
(the sole manipulator of the controls) while the other person is a "safety
pilot" and not PIC unless 61.51(e) (3)..."an authorized insturctor may log
as PIC time all flight time while acting as an authorized instructor"..."PIC
time for a pilot is only when you are the sole manipulator of the controls
for which the pilot is rated or has priveleges"...if you act as Safety Pilot
and you are not manipulator of the controls you're not PIC...the pilot
flying under the "hood" is PIC, you can log time but not PIC time, unless
you are the CFI/I.

Your point on required crew member is only true if the aircraft you are
operating is covered by 61.55 and this covers how the aircraft is
certificated not the operation you're performing..I really don't think to
many part 91 aircraft have a second in command (required crew member per
operation certificate) requirement...

I don't think it says anywhere that the person acting as safety pilot needs
to be current or have a current medical for that matter either just that
they have to be rated for category and class.

If you and your mates are logging PIC time incorrectly, well that's your
matter. But you may want to re-read the regulation and discuss it with a
member from the FSDO or a master CFI/I...IMHO

Patrick

________________________________

Start the year off right. Easy ways to stay in shape in the new year.

http://www.matronics.com/Navigator?RV10-List

http://forums.matronics.com


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Tim Olson



Joined: 25 Jan 2007
Posts: 2882

PostPosted: Tue Jan 22, 2008 3:55 pm    Post subject: Insurance Reply with quote

To keep the waters muddy....here's that spooky article about what
can happen when you are in a plane with another pilot. Funny how
responsibilities can change in a hurry. Makes you think.

Tim Olson - RV-10 N104CD - Flying
do not archive

---------------
Pilot Counsel: A shifting concept

By John S. Yodice

We as pilots are bound by the laws governing our flying, not only the
laws in the federal aviation regulations that are most familiar to us,
but also the laws and interpretations declared in the decisions of the
National Transportation Safety Board. Unfortunately for us, the laws
declared by NTSB in the context of FAA enforcement cases are frequently
skewed “to get the pilot.” As I have observed in past columns, “hard
cases make bad law.” The board’s efforts to punish errant pilots
sometimes result in laws and interpretations that don’t make sense, at
least not to us as pilots.

Last month in this column I reported such an NTSB case (see “Pilot
Counsel: ‘Airworthy Condition’—Again,” December 2007 Pilot). The case
declared that insignificant damage (a bent small piece of sheet metal, a
light shield, on the wingtip of a Cessna 182 that the pilot straightened
out with his fingers) makes the aircraft “unairworthy,” and declared
that pilots who fly aircraft with such conditions are in violation of
the FARs. So, unfortunately for us, if we fly an aircraft with minor
damage that we conscientiously believe is insignificant and nevertheless
safe, we stand in danger of second-guessing by the FAA and NTSB.

This month I am reporting a case dealing with a common situation I
addressed more than a decade ago. “Flying with more than one qualified
pilot on board a dual-control aircraft is a situation that occurs
frequently in our everyday flying. Most times it is fairly obvious who
is pilot in command. But many times it is not, and typically no one
worries about it—until there is an accident or an incident.” (See “Pilot
Counsel: Pilot in Command?” November 1995 Pilot.)

In this month’s case, the board may have succeeded in punishing what is
arguably an errant pilot, but in the process of deciding the case, the
board inadvertently gummed-up for us the shifting status of pilot in
command. The board declared that a right-seat pilot, who was clearly not
the pilot in command at the start of a flight, who accompanies the PIC,
and who temporarily operates the controls of an aircraft, in this case
to demonstrate a landing, then becomes the pilot in command. The
decision doesn’t stop there. It goes on to declare that even in a more
compelling circumstance—a right-seat pilot who is forced to take over
control when the PIC panics and lets go of the controls—then becomes PIC
with responsibility for the predicament the aircraft is in. This is
certainly not the common understanding among pilots. Pilots believe that
temporarily manipulating the controls does not necessarily make a person
pilot in command. Just think of the situation of a flight instructor who
is not acting as pilot in command but is demonstrating a maneuver to the
PIC, or, more telling, an FAA inspector or designated flight examiner
who by regulation is not the pilot in command, who temporarily
manipulates the controls to demonstrate a maneuver or puts the aircraft
in an unusual attitude for the pilot to recover. As declared by the
NTSB, the PIC status can shift without any conscious decision of either
pilot on board, but merely by the manipulation of the flight controls.

Here are the hard facts. The respondent met a woman visiting from Spain
at the Tamiami Airport, near Miami, Florida. The woman held a Spanish
commercial pilot certificate but had only 170 flight hours. She had come
to the United States for three months to build flight time. The
respondent was an experienced airline transport pilot and a former
flight instructor with more than 5,000 hours. The woman rented a Cessna
172 at a Tamiami FBO where she had been renting airplanes for the last
month or so. She asked the respondent to fly with her in order to obtain
instruction in landing the aircraft. She rented the aircraft in her own
name and did not list the respondent as an occupant, either as a
passenger or a pilot. She preflighted the airplane, called the tower for
permission to take off, and, occupying the left seat, flew the aircraft
throughout the flight until the incident.

She intended to fly to Homestead General Aviation Airport to practice
touch-and-goes. Before taking off, she programmed the Garmin GNS 430 GPS
for what she thought was Homestead General Aviation Airport. Instead she
mistakenly programmed the GPS for Homestead Air Reserve Base. The flight
arrived after sunset at what the pilot thought was Homestead General.
The airports are only seven miles apart. She performed a touch-and-go.
The respondent pilot only then took over the controls, telling her that
he was going to teach her how to land the aircraft. While preparing to
execute a second touch-and-go, the aircraft was intercepted by a U.S.
Customs Blackhawk helicopter. Customs directed the flight to land.

Obviously, she had flown the aircraft to the wrong airport, and in the
process into Class D airspace. As a result, the FAA ordered the
suspension of the respondent’s ATP for 180 days (later reduced to 90
days by the law judge). The FAA charged 1) that the respondent operated
the aircraft in the Class D airspace of Homestead Air Reserve Base
without establishing two-way radio communication with the control tower,
2) that he landed and took off without a clearance, 3) that before the
flight, he failed to familiarize himself with all available information
concerning the flight, and 4) that in general he was careless or
reckless. On appeal to the NTSB, even though the respondent testified
that he did not know that the aircraft was in Class D airspace when he
took the controls to demonstrate a landing, the board affirmed all of
the FAA charges.

The FAA, and eventually the board, believed that the respondent did
something wrong (probably influenced by respondent’s after-the-fact
claims of an emergency and an electrical problem), but seemed to be
having difficulty framing the wrong in terms of a regulatory violation.
Making the respondent a pilot in command finessed that difficulty.

In resolving the issue of which pilot was the PIC during the flight, the
law judge found that the Spanish woman started the flight as PIC, but
that when the respondent took over the controls, he became PIC. As PIC,
“it was his duty to know where the aircraft was and to comply with all
requirements applicable under the FARs to the conduct of the flight.”
The full board, echoing the judge, specifically held that the
“respondent was the PIC after he accepted responsibility and control of
the flight…[and] when he assumed the status of PIC, it was the
respondent’s duty to know where the aircraft was located, and to comply
with all requirements applicable to the conduct of the flight.”

There was a dispute about the circumstances of the respondent’s
assumption of the controls. That made the NTSB decision even more
difficult for us—unnecessarily! According to the respondent, after being
intercepted by the helicopter, the airplane was “shaking and pitching,”
he saw panic in the [pilot’s] eyes, and that she started screaming about
her U.S. visa and that they were going to throw her in jail. The
respondent said that she lost “spatial orientation” and “just let go of
the controls.” As a result, the respondent “grabbed the controls.” The
board said that even if it believed the respondent, its “conclusion
would remain the same.” In other words, even under the compelling
circumstances described by the respondent, if true, the respondent
nevertheless “assumed the status of PIC, with all of its incumbent
duties and responsibilities.” Tough stuff.

So, pilots are on notice that if they are on board a dual-control
aircraft with another pilot who is acting as pilot in command, and for a
legitimate reason they manipulate the controls, even under compelling
circumstances, such pilots are in jeopardy of being considered as pilots
in command for purposes of finding regulatory violations. Another
illustration of how “hard cases make bad law.”

John S. Yodice is the owner of a Cessna 310 and serves as legal
counselor to AOPA.


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PostPosted: Tue Jan 22, 2008 4:54 pm    Post subject: Insurance Reply with quote

Tim is absolutely correct here.

Fly with somebody doing instrument work and watch and listen....you'll learn a lot.

However, don't log one tenth of an hour unless you are actually flying the airplane AND you are doing it solely by reference to the instruments.

Anything else will build you a false level of confidence and can be disastrous.....

grumpy

do not archive

In a message dated 1/22/2008 1:43:01 P.M. Central Standard Time, Tim(at)MyRV10.com writes:
[quote]--> RV10-List message posted by: Tim Olson <Tim(at)MyRV10.com>

You can't really use that to actually build time, because
you aren't PIC. Now, if you were the sole manipulator
of the controls, while the other guy was the PIC, that
might not be totally the case, but, what good is the
instrument approach practice to that guy if you're
the one solely manipulating the controls of the plane.
And, you can't log PIC time if you're a non-certified
pilot hauling passengers who are non-instructors.
Otherwise people wouldn't bother to fly the time to
get their rating...they'd just manipulate the controls
while a buddy pilot acts as the true PIC. I'm not
saying it's not of any benefit, but really, the only way
to honestly and legitimately build loggable time is to
go out and do the flying. Also, read this last month's
AOPA article by that legal column guy and find out how
the NTSB/FAA takes it when the right-seat pilot is
manipulating the controls. It got kind of spooky how
suddenly you assume the role as PIC and could end up
being "in charge" if there is any sort of incident.

What you want to add, if possible, is true, loggable PIC
time, to help with insurance rates.  But, you're 100% right
that from a standpoint of getting yourself some IFR related
education, it would be fantastic to go along and fly with
someone doing their instrument rating....it may help when
it comes time to plan your panel. If you're going to do
that though, you may as well finish the Private Pilot, and
at least finish and pass the written for the Instrument
rating. You don't even need to take ground school to
take and pass the written, and there's a heck of a lot
of good info there.

Tim Olson - RV-10 N104CD - Flying
do not archive

Rene Felker wrote:
[quote] --> RV10-List message posted by: "Rene Felker" <rene(at)felker.com>

Just an idea to throw out.....bring on the flames. One way of building time
would be to find someone working on their instrument rating or just doing
practice approaches and fly with them. You must be able to act as pilot in
command for the aircraft being flown, but you can log the PIC time. Also,
you will get the benefit of learning a lot about practice approaches, holds,
etc.....actual IFR...not so much.

Rene' Felker
N423CF
40322
801-721-6080
--


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PostPosted: Tue Jan 22, 2008 9:39 pm    Post subject: Insurance Reply with quote

For what its worth, we tried to get enough interest in the self-insurance to
start an RV program but we did not get enough interest to continue investing
money into the program. We got only a fraction of those needed.

Bob K

--


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PostPosted: Wed Jan 23, 2008 6:06 am    Post subject: Insurance Reply with quote

In a message dated 1/22/2008 4:26:35 PM Central Standard Time, deej(at)deej.net writes:
Quote:
Yes, this would appear to be true, and both may be able to log PIC
time if it is agreed beforehand that the safety pilot will act as the
legal PIC during the time that the pilot manipulating the controls is
under the hood.


Not playing FAA here but I believe your agreement to how to operate has nothing to do with PIC time, it's pretty well spelled out in the regulations...you must be at the controls to be PIC other than that you can log the time but not as PIC...I've been at a number of FAA seminars where this was presented and discussed. The only duel PIC time is for CFI/I, generally...

P

Start the year off right. Easy ways to stay in shape in the new year.
[quote][b]


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PostPosted: Wed Jan 23, 2008 2:57 pm    Post subject: Insurance Reply with quote

GRANSCOTT(at)aol.com wrote:
Quote:
In a message dated 1/22/2008 4:26:35 PM Central Standard Time,
deej(at)deej.net writes:

Yes, this would appear to be true, and both may be able to log PIC
time if it is agreed beforehand that the safety pilot will act as the
legal PIC during the time that the pilot manipulating the controls is
under the hood.

Not playing FAA here but I believe your agreement to how to operate
has nothing to do with PIC time, it's pretty well spelled out in the
regulations...you must be at the controls to be PIC other than that
you can log the time but not as PIC...I've been at a number of FAA
seminars where this was presented and discussed. The only duel PIC
time is for CFI/I, generally...

P

The info was taken from an FAQ published by the FAA, which does show
that the regulations allow the safety pilot to log PIC time.
You can find a subset of it on Rod Machado's website here:
<http://www.rodmachado.com/Articles/Logging_Flight_Time2.htm>

along with a link to the original FAA information.

fyi

-Dj

--
Dj Merrill
Sportsman 2+2 Builder #7118
http://deej.net/sportsman/

"Many things that are unexplainable happen during the construction of an
airplane." --Dave Prizio, 30 Aug 2005


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PostPosted: Wed Jan 23, 2008 6:27 pm    Post subject: Insurance Reply with quote

There is also more information available on the AOPA web site here:
<http://www.aopa.org/members/files/topics/pic.html?>

Here are some snippets cut from that page:

"One topic that invariably pops up whenever there is a gathering of
pilots is the logging of pilot-in-command (PIC) time. The much-coveted
PIC time has been a controversial subject and can be very confusing.
After reading this, you may be amazed to find that there are many
different ways to log PIC!"

"Before we get started, we must define /pilot in command./ The PIC is,
by Federal Aviation Regulations (FARs), responsible for the safe
operation of the flight (FAR 1.1, 91.3). At any given time, there can
only be one acting PIC on a flight, no matter how many pilots are on
board the aircraft. To legally act as PIC, a private, commercial, and
airline transport pilot must have a current medical certificate and have
all required endorsements, ratings, and recency of experience for the
type of aircraft being flown and the flight conditions under which the
flight is conducted (FAR 61.3, 61.31, 61.56, 61.57). Sport pilots can
act as PIC with a valid and current driver's license in lieu of the FAA
medical (FAR 61.23). Before a flight is initiated, an agreement should
be made to determine who is to be acting as PIC."

"A pilot may log PIC time when he/she is the sole occupant of the
aircraft; is the sole manipulator of the controls of an aircraft for
which the pilot is rated or has privileges; or is acting as PIC where
more than one pilot is required (FAR 1.1, 61.51 [e])."

"The FARs provide several situations (see scenarios listed below) where
two or more pilots may log PIC time, even though there can only be one
pilot acting as PIC."

"When practicing flying in simulated instrument conditions with a safety
pilot, both the pilot flying the aircraft by reference to instruments
and the safety pilot may log PIC time if the safety pilot is acting as
PIC. As long as the pilot flying the aircraft is rated for the aircraft
being flown, he/she may log this time as PIC because he/she is sole
manipulator of the controls (FAR 61.51). Because the pilot flying will
be wearing a view-limiting device, a safety pilot will be a required
crewmember on board (FAR 91.109). The safety pilot may log as PIC any
flight time for which he/she is acting PIC in an operation requiring
more than one pilot crewmember (FAR 61.51)."

"To act as a safety pilot, a current medical certificate is required
because a safety pilot will be acting as a required pilot crewmember,
which requires a current medical certificate (FAR 61.3)."

fyi

-Dj


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PostPosted: Thu Jan 24, 2008 8:02 am    Post subject: Insurance Reply with quote

Thanks DJ certainly is not covered in the FAR's!

P

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