Billing for SAR back in the news

[RiverAux]

The NY Times ran a story today about how NH recently changed their law allowing the state to bill people for SAR costs when they acted in a negligent manner (before it had to be "reckles").  http://www.nytimes.com/2008/12/29/us/29rescue.html?_r=1

Beyond just applying to lost hikers, the bill also would allow nursing home supervisors to be billed if patients under their care wander away due to their negligence. 

Obviously this state law won't have any direct bearing on CAP, but it does highlight a growning trend in the SAR arena. 

While I wouldn't favor charging everyone responsible for an ELT search for SAR costs, what would you think if the AF were authorized to charge people for the costs of non-distress ELT searches involving their ELTs when they have demonstrated negligence by not registering their 406 beacon?  In almost all cases, there wouldn't be any need for a search at all if people have properly registered their beacon and all the AF has to do is make a call. 

[Timbo]

^ Does Federal Law say that distress beacons have to be registered??

[IceNine]

BITD there was a letter going around saying that 3 non-distress activations of the same beacon or beacons owned by the same person is a set amount of time (3 years IIRC)  would come with attached fines.

It was something like $50 for the 4th offense and so on.  That may well have just been a proposal I'll see if I still have a copy.

Before you ask, no I don't remember the scope, or issuing agency, or any other details that what I wrote here.

[sardak]

^ Does Federal Law say that distress beacons have to be registered??

406 MHz beacons - ELT, EPIRB, PLB - are required to be registered by Federal law.
Title 47 Code of Federal Regulations - FCC
ELT - 47CFR87.199(f)
EPIRB -47CFR80.1061(f)
PLB - 47CFR95.1402(f)

The terminology is the same in each section. It requires the beacon to be labeled with the registration requirement and the beacon must come with a registration card stating the potential for a fine if not registered. The wording must include:

"The owner of this 406.0-406.1 MHz [ELT/EPIRB/PLB] must register the NOAA identification code..." with NOAA. The mailing address is given, as well as the website to register beacons.

"WARNING: Failure to register this [ELT/EPIRB/PLB] with NOAA before installation could result in a monetary forfeiture being issued to the owner.''  If the FCC pursued this violation, the monetary forfeiture would be far more than $50.

The Coast Guard has gone after and charged persons for hoaxes resulting in searches, but I'm not aware of any cases where the only violation was for failing to register an EPIRB. It would be bad form, and unnecessary for the USAF to get authorization to do so, since the FCC is already authorized to go after people for failure to register their beacons.  The USAF should refer non-registration cases to the FCC for potential violations.

Mike

[Flying Pig]

In police work we send you a bill after the 3rd false burglar alarm in a set amount of time.  If you keep setting off your ELT like a moron...go for it.  But.....who does the billing?  Thats all we need.  One more staff positions. Chief Billing Officer!

[jimmydeanno]

The NY Times ran a story today about how NH recently changed their law allowing the state to bill people for SAR costs when they acted in a negligent manner (before it had to be "reckles").  http://www.nytimes.com/2008/12/29/us/29rescue.html?_r=1

It's a great idea and something that as a NH resident I fully support.  People that do things out of stupidity deserve to have to pay for their own rescue.  Many people don't fully understand the conditions in the NH White Mountains.  They laugh when they hear that Mt. Washington has "the worst weather on the planet,"  they literally think it is a joke.  The other day the windchill was -68 degrees with 95mph sustained winds gusting to 115 mph (it's not even the cold season yet).  While that is just that one mountain, the presidentials that surround it frequently share many of the same weather conditions.

EDIT: Observers report quote from the Mt. Washington Observatory, "On the plus side we have had some decent winds with 127 mph on Christmas eve, 129 mph seen on Christmas day and 122 mph so far today."

For hundreds of years there have been numerous fatalities in these mountains - including experienced, well prepared outdoorsmen.  Recently, there was a group of teenagers that decided to go hiking that had to be rescued, they didn't bring any gear with them - not even water.  They were hiking in shorts, t-shirts, and sneakers.  Well, they got lost and had to be rescued (they dialed 911). 

There was a lady who called 911 to be rescued.  When the rescuers got there she was saying that they had to find "ricky" (some name).  Turns out "Ricky" was her parrot she had taken hiking and it flew away.  She got billed, and rightfully so.

My old squadron commander remembers coming down a mountain early because the summit got socked in and it was beginning to sleet.  Temperatures were dropping to around freezing.  As he reached the base of the mountain there was a boy scout troop getting ready to hike.  It was 1600 and the trail is an estimated 6 hour hike.  None of them had backpacks or the proper clothing.  He had to convince them it was a bad idea to go hiking that day.

I've go hiking frequently in those mountains, even in the winter - but I pack with the expectation of getting lost.  In the winter the trail markers that are usually marked at the 8ft mark are at ankle to knee level because of the snow - clouds roll in and cover the summits and trails, rock faces get covered in ice, rivers get frozen over, etc.  The chances of something bad happening are pretty good, whether it is a broken bone or something - but that is futher impacted by not being prepared.

People from Mass (we have other names for them up here ) come up thinking that they own the place and have to be pulled off the mountains all the time - mostly due to their own negligence.  As a taxpayer, there is no reason that I should have to foot the bill to pull some dumb donkey off a mountain because he decided to wear shorts when it was -15, or visibility was 10 feet and they decided to hike anyway.

On another note, if you are interested in reading about the type of climate and some stories about fatalities in the NH White Mountains, there is a great book called, Not Without Peril: 150 Years of Misadventure on the Presidential Range of New Hampshire - it's a great read.

http://www.amazon.com/Not-Without-Peril-Misadventure-Presidential/dp/1929173067

I actually hope that more states adopt laws like this, perhaps it'll cut down on the stupidity syndrome.