Let me explain and I’ll type this slow so nobody has to think too fast…
You can claim the rules don’t prohibit flying above the summit in an unpowered vehicle and you intend to do so. You could be correct but I don’t intend to argue whether you are right or not as it doesn’t matter. The MT can say that that kind of activation is outside the spirit of the program and is not allowed. The MT are the arbiters of what is and isn’t in the spirit of the program as per the rules. Their word is final.
OK, so the Mt has to take official action as a board within the requirements of whatever governing documents govern MT action (that is how boards work). Responding in a condescending way is not appreciated - I didn’t make any personal attacks on anyone here, so suggesting that you need to type slowly because I have some sort of impediment is not only childish, but frankly offensive. In any case, I am correct about the interpretation of the rules.
(glances at law degree and multiple jurisdiction attorney bar licenses)
Moreover, I also never said I intended to activate in such a way. I merely undertook this intellectual exercise based on a conversation about hang gliding. One way to test the effectiveness of how rules are drafted is to consider extreme cases and what the outcomes would be - that is all that I am doing here. I would think that people would be appreciative about pointing out potential issues and furthering and improving the program, but perhaps I am wrong.
This is an incorrect statement, there are specific rules that apply to activators and and activator in a hang glider within the lateral boundaries of the AZ would satisfy all requirements for valid QSOs.
This is a hobby. A programme run by volunteers. Chill and let them do what they do best, which is organise and run the best amateur radio programme in existence. You just need to climb a hill and turn on your radio, or chase away until your heart is content if that’s your thing. Let them do the rest.
Stop winding everyone up. I’m sure they have better things to be doing.
If anyone is getting wound up, it is of there own doing. I am merely pointing out an interesting quirk with the current rules and responding to those debating the issue, as I find that interesting and enjoy debate.
The rule that makes the MT the ultimate arbiter of any questions about the program takes the SOTA rules outside of any process for rule/contract analysis such as found in the legal world. I imagine that was done precisely to eliminate disputes that could take the form of this discussion thread, including the making of legal arguments (and yes, I know this thread was started as an intellectual exercise). The MT has fiat power; accept that as part of participating in SOTA, or reject it and move on to something else ;-).
BTW, it’s the “canons” of statutory construction, not “cannons.” Time to chase and activate!!
I did suggest a language change to 3.7.1.8 to resolve an inconsistency and potential ambiguity. With regard to the exclusion of a certain type of activity as qualifying for valid QSOs, I don’t have any preference one way or the other. If there was a preference by the MT one way or the other I would be glad to offer thoughts on how to implement.
And yes, Paul, I know it is canon - but I am on a phone and autocorrect happens unfortunately… the point was that under those standards (which ironically are derived from the Brits) the application would suggest my interpretation to be more correct than the alternatives suggested.
The purpose of SOTA (the Programme) is to encourage Amateur Radio based activity from the summits of hills and mountains in countries around the world…"
The very first statement in the General Rules. It might be argued that as written the Activation Zone consists of a vertical column of space extending from the minus 25 metre contour line to infinity, but the priority lies in that very first statement and subsequent statements that make it clear that activations take place from summits. The AZ is a surface, not a volume. Logically, if it is treated as a volume then in addition to extending to infinity it also applies to all the volume between the summit and the minus 25 metre plane, so that activity from inside any caves or mine workings within the AZ would also be valid for SOTA.
Speaking for myself, I would feel regret at rejecting any hang glider activations from above the AZ, it would be poor reward for such enterprise, but none the less, I would feel that there would be no alternative.
That is a valid argument, but I would point out that there are valid activations that do not take place on the surface of the AZ, for example fire towers within the AZ. You aren’t on the surface of the AZ, but above the AZ. Now, the structure is a fixture to the AZ, but is it the location of the activator or the location of the fixture that defines a proper activation? I would argue that the latter makes more sense, otherwise, you could have some other absurd results, such as someone on a robe tethered to the AZ but then descends below the 25m contour and makes a radio contact. Does that count because the thing to which the activator is physically attached is fixed to the AZ but the activator is outside the lateral boundaries of the AZ? Again, a super unlikely scenario, but an interesting consideration. Also, with respect to the purpose statement - what if the hang glider pilot or human kite activator ascended to the AZ and launched from within the AZ? That would probably align with the stated purpose, but the activator would not be in direct physical contact with the surface of the AZ. Lots of interesting permutations
It was an interesting question but to continue to try to win your case is futile.
SOTA exists under UK laws and is not run like a Club or small NFP business. US legal considerations do not necessarily apply as all participants are deemed to have agreed to abide by the Rules.
The Australian requirements for a Club do not apply.
Whatever the MT decides is it.
Think of it as a benign dictatorship with multiple dictator’s.
Hang gliding contacts are invalid for activations.
It was an interesting question but to continue to try to win your case is futile.
SOTA exists under UK laws and is not run like a Club or small NFP business. US legal considerations do not necessarily apply as all participants are deemed to have agreed to abide by the Rules.
The Australian requirements for a Club do not apply.
Whatever the MT decides is it.
Think of it as a benign dictatorship with multiple dictator’s.
Hang gliding contacts are invalid for activations.
or just a question? 73 Karen