Description coming soon.
| Group Chair |
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PHILIP HADDAD NORTH VANCOUVER, BC |
| Group Members | |||
|---|---|---|---|
| PETER DOUPNIK | LASALLE, ON | Zone M | Send an email |
| LARRY ROUSSELLE | ABBOTSFORD, BC | Zone H | Send an email |
MAAC receives and has routinely responded to many questions about the insurance program from Clubs and individual members over the years. The most difficult questions to answer are "What if" questions.
These questions are typically posed in the form of a hypothetical situation and we are asked whether or not insurance coverage applies. More often than not they involve some activity at the flying field and the actions of a particular individual, questioning whether or not it is safe or a violation of the MAAC Safety Code. Generally we find that the questions are differences of opinion between members and that they are looking for us to settle an argument.
Hypothetical questions are very difficult to answer because the circumstances under each hypothetical situation presented may be different. Coupled with that is the fact that we are a large country with many Provinces or Territories that have different Statutes and Laws, each with an effect on Insurance issues. One answer will not necessarily fit all situations. If we were to respond to hypothetical questions our answers would need to be too speculative or conditional to have any real benefit.
Providing an "opinion" on coverage sometimes involves a "legal opinion", and since we are not lawyers we cannot offer legal advice. To have a lawyer provide an opinion on a "What if" hypothetical situation particularly if it is just to satisfy a member's curiosity would be foolish, and generally provides no cost benefit for the membership at large. Also remember that even lawyers do not necessarily agree with the opinions of other lawyers.
In general therefore it is not prudent for us, nor will we, respond to such questions.
What we can say with confidence is that the MAAC General Liability Insurance policy provides very broad customized coverage to meet your needs, and this means that you are usually covered should your negligent conduct cause injury or damage to another person.
However like all insurance policies, there are Exclusions, Limitations and Conditions.
Even when answering the questions in the "Frequently Asked Questions" section of our website our answers have had to be very general responses and for some we acknowledge that they may be too vague.
Not true.
MAAC is a federally incorporated Association and the official governing body for Model Aviation in Canada. We buy insurance in much the same manner as you, from a Licensed Insurer (as opposed to an unlicensed insurer), through an Independent Insurance Broker who in our case has to be licensed to sell insurance in all Provinces and Territories in Canada. This is no different than what you do when you purchase your personal Homeowner, Automobile Insurance or Life insurance other than the fact that MAAC's insurance is more complex.
It is a condition of our insurance that all members will abide by the MAAC Safety Code. This provides a "Rules of the Road" and safety standards for all MAAC members.
If you do not abide by these Rules your claim can be denied by the insurer under MAAC's General Liability Insurance policy.
It is very important that you understand The MAAC Safety Code and we encourage you to look at it again. For your convenience it's on this web site and you will find it here: committees_details.php?committee_id=6
There have been some important changes to the Code in 2008 and 2009 and it is a work in progress, so please regularly check the web site and magazine for updates. Related documents can be found in the Safety committee section. Note that club rules form an important part of the Code.
You must have the permission of the landlord or owner to use their property for your activities. It is prudent for you to get this permission in writing.
MAAC General Liability Insurance only covers individuals involved in the hobby as a recreational activity. It does NOT extend to an individual, or a company doing this as a business, nor business activities generally. Any business activities even if you are a volunteer are excluded by MAAC insurance. You and/or the outfit that you are volunteering for must make your own arrangements and you must satisfy yourself that you have adequate insurance protection.
MAAC is not involved in any such arrangements. You are on your own.
A common question that we get primarily from RC helicopter pilots is "Can I do aerial photography if requested for someone else."
A similar question is asked by those flying radio controlled blimps at hockey games etc. These generally have advertising on them and the flyer is not being paid.
The answer is obvious when you consider that MAAC Insurance only covers Recreational Activities for Model Aircraft as defined by Transport Canada.
We may refer these and any other business requests directly to our Insurance Broker, Aon.They tell us that there is a very limited market for this specialized insurance coverage and it has proven to be very expensive if they can even get it for you.
In some cases such as advertising blimp operations, coverage may come from the employer's insurer by request.
MAAC's General Liability Insurance primarily provides coverage for within Canada and the USA and conditionally extends coverage on a World Wide basis.
When we negotiated the policy we attempted to cover as many of the usual situations that we could, and it would be unwise to do otherwise. We do not have the capability or the resources to provide on the ground service, overseas.
We anticipate that some members who are currently residing in Canada will temporarily go south and fly while there. Our coverage is primarily intended to cover those individuals during a short term such as a vacation.
If you are planning an extended stay outside of Canada we recommend that you join a local club at the location where are staying and purchase insurance from the same organization as the other members of that club. While there you must obey their Safety Codes and they may be different from ours.
Insurance policies from other countries are NOT acceptable to us because we do not know the parameters or limitations of their coverage. The difference in language and laws does not help. It is also a fact that many other countries will NOT accept MAAC insurance essentially for the same reason.
If you came to Canada temporarily for a short stay from somewhere outside of Canada and intend to fly in Canada, MAAC has a temporary membership available at a reduced cost. Many other countries have similar arrangements for MAAC members who go there.
If temporary membership is not available we recommend that you purchase regular annual membership and insurance coverage from our counterpart in the country where you are going.
Transport Canada defines an unmanned air vehicle as a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board.
Transport Canada defines a model aircraft as an aircraft, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures.
MAAC insurance provides cover for model aircraft as defined by Transport Canada and radio controlled models must also be flown in direct line of sight. Any other type of radio-controlled flying machine is classified as a UAV.
UAV operation may be for commercial or recreational purposes. Our coverage does not extend to any type of UAV.
Note that operation of a UAV without Transport Canada approval has an individual penalty of $5,000.00.
In Canada, each Province has Workers Compensation Boards (WCB) to cover employees, with rules that can have subtle differences provincially. You can check with your provincial WCB office but from our experience we suggest that this is not the route to take.
We recommend that you utilize volunteers, primarily members of your club and secondarily, if available, other MAAC members at Events, because they have an understanding of the safety issues. We discourage clubs from having paid employees at events.
Our Liability Insurance policy provides third party coverage for your club if an employee was the cause an accident. It does not however extend to provide coverage to the employee, if the employee was to be injured in the accident.
MAAC has developed a guideline to train student pilots that is called The Wings Program.
Click here
For the helicopter flyers, there is the Blades program.
Click Here
It is recommended that all clubs and their instructors follow the program when teaching students to fly. The program is regularly updated and coupled with the MAAC Safety Code, provides a student the proper structure to learn how to fly safely. When the student has achieved all of the goals set out, your club Chief Flying instructor will award the student their Wings. When so qualified, the student can confidently go to other club fly-ins and be recognized as competent to fly solo. The club you are visiting may ask you to perform their wings program (even if you are sporting a wing pin) to verify your competence, this is within their rights and visitors should be willing to comply with the request and club rules.
If we all use the same rating format, as used in the MAAC program, it will be much easier to know where a flyer stands in regards to flight training.
Currently there are some clubs who operate at less frequently used full scale airports with the permission of the property owner and the MOT. Usually, by agreement, model flying is done from a remote part of the facility with adequate clearance from full scale aircraft. Operations are typically controlled by agreed to, 2 way radio communications.
The currently approved clubs are covered by MAAC's General Liability insurance however we discourage new clubs from locating at full-scale airports.
We anticipate that in time our insurer will restrict coverage so that we will not be able to offer clubs permission to operate from full scale airports. Our sense is that this will probably be one of the first restrictions that we will have to deal with in the future.
This is essentially due to the structure of the insurance marketplace rather than claims experience. Our goal is to maintain affordable insurance premiums for the majority of the clubs in Canada.
Please note: Safety Guidelines, R/C Etiquette 4.4 (6)
6. If R/C Pilots/modelers fly their model aircraft within ten (10) Km of the centre of an airport, notice of operations will be given to the airport authority and/or tower. A spotter shall be used to avoid having models fly in the proximity of full size aircraft.
There is no MAAC insurance afforded for model operation at full scale airshows. The benefit was deemed to be not worth the risk.
Note Safety Code 1(8):
I shall not operate any model aircraft including but not limited to, model rockets, model Helicopters or other models of a similar nature ("Model Aircraft"), at a man-carrying Piloted aircraft air show.
In Canada there are many different Insurance Companies who sell a number of different types of Homeowner Insurance policies. For competitive reasons each individual type of policy will have subtle differences in coverage and scope. Similar policies from the same insurer can differ from Province to Province. Also, due to different provincial laws and statutes the coverage may have different interpretations even for the same policy.
The bottom line is that not all homeowner insurance policies are alike. It is wrong to think that all homeowner policies provide the same coverage or that every insurer will respond in the same manner.
However, generally speaking, homeowner insurance policies do have one thing in common. It is fairly standard that they exclude aircraft and automobiles both in the physical damage section and in the liability section. The intent is clearly not to cover full scale aircraft nor even full scale automobiles, primarily because they come under special legislation and as a result there are special policies designed and available for them.
A few insurers have made an attempt at defining and covering on a limited basis, model aircraft. They have done this by modifying the exclusion, to in effect say that the exclusion will not apply to (and therefore cover) small electric models with a maximum speed or power ratio, or by accepting Transport Canada's definition of a model aircraft.
If you have larger models that do not fit within that definition then you must get your policy definition changed assuming that you want your hobby items covered.
These modifications would usually apply to both the liability section and the contents section of your policy. So depending on your specific policy, you may have some limited coverage for your models.
Are my models covered if stolen or if the house burns down?
There is no coverage from the MAAC policy. Your homeowner policy may provide coverage such as fire, theft or transportation coverage for your hobby items in your home or vehicle. It is very unlikely however that your insurer will agree to provide any coverage for damage to your models related from their operation. (crash damage)
Will my homeowner policy provide me legal liability coverage when operating models?
MAAC insurance provides you with primary public liability coverage only while you are at a club field or MAAC/club event. The key is club or MAAC organization of the activity.
Under homeowner or umbrella liability insurance policies some insurers will cover your model aircraft, others won't, but the good news is that there are a larger number of insurers who do.
The reason why some insurers will not cover your models is that in almost all homeowner policies there is an Aircraft exclusion and your insurer may consider model aircraft to be Aircraft coming within that definition, hence they say no coverage.
Generally speaking when there is coverage under your homeowner or umbrella insurance policy it should primarily cover you at other than club fields or MAAC/club events. It may even provide you with excess or increased limits to exceed MAAC insurance. You should clarify with your insurer that if you were to occasionally fly at the lake or just in an open field somewhere, that your homeowner coverage would respond in the event of a claim. It is unlikely however that you will be able to extend your homeowner policy to cover another owner of the property that you use.
In order to avoid being caught in the middle of these issues we recommend that you speak with your insurance broker and have your particular concerns clarified to your satisfaction. It is also prudent to have that clarification in writing. Remember that there are many alternative insurers who will provide this coverage.
Clubs: We have noticed that some clubs do not renew their club memberships in MAAC until after our insurance and membership renewal date of December 31st each year.
When this occurs, neither your club nor your landlord is insured until the Club renewal is confirmed by MAAC. Individual members are also not covered until they have current membership cards in their hands. It is thus highly recommended that individual and club renewals occur well prior to the December 31st deadline.
Our insurance policy renews December 31st, however a club and their property owner are not covered by the insurance policy until their zone director approved paperwork and cheque have been received at the office. As long as the office can verify payment and zone director approval, insurance coverage is in effect. Some directors update the web site before they send the payment and paperwork; the newest procedure being the addition of the year for which the club has renewed their registration at the end of the club name. The office receives notice of any update to the web club list by email and so can verify payment for the New Year in this manner as well. Processing on the database and web site will follow in the order that club paperwork is received.
New in 2009, clubs may renew for 3 years at a time. They must inform their zone director and the office of any changes within the 3-year membership but need not submit annual paperwork.
Individual Memberships: Currently clubs are authorized to accept memberships on behalf of MAAC. Those members who pay MAAC dues to current registered clubs are considered members and therefore insurance is in effect despite the fact that the office has not issued a card. This enables a member to participate at his club field but it is not recommended that those members fly elsewhere until the membership card is in hand. If a member sends an online membership, once the office has verified credit card payment with either Visa or MasterCard, membership and insurance are in place. However, the member will not be able to confirm this to a club until the club can see a MAAC card or a confirmation letter ($5 service fee) from the office. Memberships received by mail are processed in the order received. Membership and insurance become effective once the office receives payment. It is not recommended the member fly anywhere until they have their card or a confirmation letter in hand.
Once the new web site with online membership capability is up and running, there will be an opportunity for the member to print a temporary membership form.
A complete copy of our current Liability Insurance policy is on our website. Also included is a generic Certificate of Insurance that provides a brief summary of the coverage in the policy. The intent of this Certificate is that it can be simply downloaded as proof of insurance for your club, and if necessary, a copy can be provided to your landlord or others when requested. They can also be directed to the website for a complete copy of the actual policy.
Occasionally, landlords want to see something other than what our generic Certificate of Insurance says, and we have been able to satisfy most reasonable requests in the past. If a Special Certificate of Insurance is required, you will need to forward the landlords exact requirements to MAAC Headquarters, in order for us to properly consider and comply with their request. However prior to requesting a Special Certificate of Insurance we recommend that you initially try to have the landlord accept the generic Certificate posted on our website.
When we get requests for Special Certificates of Insurance your club will be billed for the costs involved in its preparation. Also you must allow additional time to get a Special Certificate. Because the insurance company, not MAAC, issues these certificates as the office processes requests, it can take a few days or weeks for the certificates to be mailed to the club and/or landlord.
Yes. Park/backyard/on the lake etc. model activities are now covered.
We discourage flying in public parks as we think that there is the potential for serious injury (even with the small park flyers). It is also extremely difficult to keep members of the public and particularly children at safe distances. Excellent organizational skills would be necessary for the safe set up of these sites in order to overcome the drawbacks.
When a club wishes to hold an event, it is an excellent idea to apply for a Sanction from MAAC. This is done through the local Zone Director. The form to fill out is on the website. A Sanction ensures that individual modelers, the club and the site owner, are covered by our insurance policy since all model operation can only be done by MAAC members who (should) know the rules and guidelines. In addition, the ZD is then aware of the event. The overlapping of other close by events that may have resulted in radio interference problems can also be easily avoided.
It is most advisable to apply for sanctions for all events at which the general public could be present. It becomes particularly important if the club is using other than the site(s) listed on their renewal for the current year.
Note the Safety Code:
9. I shall not operate any Model Aircraft at any event that specifically invites the general public to attend without an approved sanction from M.A.A.C. or the appropriate governing body for the country in which the event is being flown.
An example when a Sanction would be mandatory is when a club event such a fun fly has been advertized, inviting the general public to attend the (specific) event.
An example when a Sanction would not be mandatory is when the club event concerns a group of boy scouts who were invited for demo flights. They are not the 'general' public.
It is recommended that all club events be Sanctioned. Sanctions are provided at no charge, thus every club would be prudent to sanction all events ranging from mall shows to contests.
If a club has a special function or activity that they participate in annually, the club should consider showing the property owner on their renewal paperwork. This could be the place where monthly club meetings are held, or an annual Mall Show, etc.
These should only be used by Club designated and qualified instructors. We recommend their use. When they are in use the instructor is responsible for any accidents because he has effective control of the model.
Many clubs contribute to fund raisers for local charities. They will host groups like School classes, Big Brothers and Sisters, Air Cadets, Scout troops and even some Open houses to attract new members. Often they include some buddy box flight time and the serving or sales of hamburgers, hot dogs and pop.
This type of activity is anticipated and our General Liability policy extends to provide coverage. Depending on the circumstances, a Sanction may be mandatory.
We recommend that you only use your club field if possible for these activities since it is likely to be set up properly.
Remember that our insurance policy requires us to have some key things in place.
1) Warning Signs need to be posted as required.
2) Observe the MAAC Safety Code.
3) Have permission to hold the event (preferably in writing).
Use common sense for any safety issues and at least the following key 8 items:
1 Take the time before the event to ensure that the event goes off safely.
2 Ensure that you have enough volunteers to handle the size of the group and have adequate supervision. Encourage parents to be part of the supervisory group. Keep students and guests behind the flight line in the spectator area until it is their turn to take their introductory flight.
3 Talk to the entire group about Safety and explain your field Rules and what the signs mean.
4 When talking to students or guests explain that they are at a miniature airport and they can expect the same Safety Rules to apply, that they will find at full scale airports.
5 Point out that the unexpected can happen suddenly, so stay alert.
6 It is a good idea to have your event Sanctioned by your Zone Director.
7 Sometimes a School District requires that the parents sign a Special Field Trip form or release. Let the School District do what they usually do. We do not require a Special Release form at this time, but if we have incidents at events you can anticipate that this would be a requirement in the future.
8 We recommend that general flying by members should not occur during this time. Set the time aside as being "off limits" to free flying, and focus your attention on the guests.
Following an incident where there has been Bodily Injury or Property Damage the member responsible for causing the damage is required to immediately advise MAAC of the incident.
This can be done "On line" and is a very simple process but if possible a telephone call is recommended first, to get the ball rolling immediately after the incident. When received by MAAC it will be dealt with right away. We have contracted Crawford & CO. (adjusters) to handle all our claims including bodily injury claims. We cannot stress strongly enough the need to start the investigation immediately. We will not repeat what is already on the following forms but instead urge you to familiarize yourself with them. Clubs should make printouts of the 'Procedures After an Incident', the 'Incident Report', the 'Club Executive Report' and have them available for use at the field so it is clear what is required. This will include the securing of the plane and radio involved in case it has to be checked for correct operation.
A $500 deductible is payable to MAAC by the member/MAAC Club involved in the incident. The club portion is $250 and member pays the other $250. The MAAC club is responsible for paying the entire $500 to MAAC by cheque as quickly as possible and the member pays the club back the other $250.
If a club has a secondary field that is usually used by a certain group, the club may wish to have an inter club rule concerning who pays the deductible so that activities at that second site do not impact the main club financially. Such agreements should be on file at the MAAC office along with the club rules to avoid misunderstanding in the event of an incident. MAAC (and the ZD) would have to 'OK' the arrangement.
If a club instructor was teaching a student, the club should pay the entire $500 portion of the deductible.
Payment of your deductible can now be made using a credit card by phone or fax (both methods secure the privacy of your personal information) at the time you report the incident.
No attempt will be made by MAAC to settle any claims until after the deductible has been paid. Non payment of the deductible will, at the minimum, result in suspension.
Members also have coverage afforded by a Group Accident policy which may be best described as specific loss insurance in case of a catastrophic accident. You may see this policy in its entirety on the web site here:
Click here
The policy is rather short and easy to read (for an insurance policy) and we urge you to review it.
