It was one of those rare spring Saturdays here in the Mid-Atlantic states. The weather was perfect for flying, especially welcome after a long, hard winter that had covered runways and airplanes with snow and ice. In spite of getting back the prior afternoon from a week-long trip of AOPA Pilot Town Meetings in New York, Massachusetts, and New Hampshire, my wife convinced me to ride right seat in our (she calls it "hers") 1977 Cessna 172. We departed Frederick, Maryland, for the 21-nm flight to Carroll Country Regional Airport, where we often visit a great coffee shop a short block away from the ramp.
The restaurant didn't let us down, but having been gone all week long, I was anxious to take advantage of this day off work and get some things done at home. Back in the airplane, Lois, in the final phase of getting her private certificate, ran through the pre-start check list. Right after she cleared the prop area, instead of the sound of the starter turning over the engine, I heard only a "click." A mechanic I am not, but I figured the year-old battery couldn't be the cause, and just to make sure, an accommodating pilot loaned me his jumper cables and car to confirm this point. No, Cessna 734EY probably has a bad starter solenoid, and there was no mechanic around on the weekend to repair it. Thank goodness Lois hadn't convinced me to go on a long, practice cross-country with her, which had been discussed.
This incident is a good illustration of the need for tort reform outside of the obvious requirement to bolster the manufacture and development of new piston aircraft. For those of us who own or rent airplanes, the average age of which is 28 years old, we must continue to be able to buy parts at reasonable prices, such as a starter solenoid, to keep our aircraft operating. Since 1986, Cessna has not had a piston production line, which would ensure that parts used in building new aircraft are also available for the used fleet.
Almost every day at AOPA headquarters, we receive member inquiries about hard-to-obtain parts that cause the good airplanes we do have in the fleet to be grounded for weeks at a time. It's almost mandatory that owners belong to the many "type clubs" that provide invaluable assistance in locating hard-to-find components for the make or models they represent.
At this writing, news on the product liability reform front is promising, to say the least. As most of you should know, on March 16 Senate Bill 1458 passed by a vote of 91 to 8. Superb political maneuvering by Nancy L. Kassebaum (R-KS), supported by John McCain (R-AZ) and other co-sponsors, accomplished what few of us thought would happen before the House voted on this measure — passage of the statute of repose legislation. The compromise bill amends the original 15-year period that manufacturers would be liable for defects in new and previously manufactured aircraft, to 18 years. Other minor changes have been made to the legislation, but the Senate-passed bill accomplishes what the manufacturers need to stimulate production of piston-powered aircraft. Age-old arguments against tort reform by the powerful Association of Trial Lawyers of America seem to have fallen on deaf ears in the Senate.
Going into the final days prior to the vote, there were 51 co- sponsors, but not all could be taken for granted if and when a floor vote is called. With only four days' notice of this vote, AOPA Legislative Action targeted 21 undecided senators in 15 states with a unique telephone campaign. Previous surveys of the membership have indicated that 92 percent of you support the 15- to 20-year statute of repose, understanding that this is a balance between our need for redress as consumers and the need to bring vitality back into the general aviation market. The telephone caller in our campaign asked the AOPA members for support of the bill, and when members responded affirmatively, they were connected at that moment to their senator's office in order to register an opinion immediately. By the end of the day prior to the vote, each of the 21 undecided senators had received almost 90 calls from you, their constituents.
Think about it for a moment. How often does your business register 90 calls on a subject in just a few days, and wouldn't that make you stop and think about your customers' concerns? Well, I'm pleased to say that of the 21 undecided senators, 20 voted "yes" on the final bill.
But just like flying, it isn't over until the engine is shut down and wheels are chocked. We've flown through one weather front with only a few bumps, but we have another to go before we can even think about landing this much needed, and long-awaited, tort reform.
The Senate-passed bill is now in the House and has also been referred to the House Judiciary Committee. Representative Jack Brooks (D- TX), chairman of the Judiciary Committee, must move this bill through his committee prior to a full House floor vote. With 282 co-sponsors to date and only 218 votes needed, we are optimistic but passage is not assured as ATLA has mounted a grassroots opposition campaign. Therefore your letters are critical to the cause — if only the bill could be moved out of committee. Enter the Petition for Discharge, a procedure I described in my December 1993 " President's Position: There Is Hope for Product Liability Reform." The Petition for Discharge can force legislation out of committee and directly to the floor for a vote. Six months ago, Representative James Inhofe (R-OK), an AOPA member, won a change in the rules requiring public disclosure of signatures on a Petition for Discharge. It is anticipated that a petition will be filed in late May to move the bill out of committee. A floor vote would be possible as soon as 218 signatures have been garnered, probably no sooner than late June.
Because of these critical developments, AOPA Legislative Action mailed a Pilot Alert to more than 325,000 AOPA members, only the second time the Alert has been used in this decade. AOPA plans to track all members of the House in the June issue of AOPA Pilot, so you, as voters, can determine where your representative stands on this important issue. Letters are needed now; therefore, if you haven't written, please do so immediately. Also, let your senators know how much you appreciate their continued support of general aviation product liability reform, just in case all or some are called upon at a later date to revalidate the concept. Even more important right now, there are House members who should be urged to sign the Petition for Discharge, if circulated, and to vote for the bill when it reaches the House floor.
Meanwhile, back to my 17-year-old 172 — my fingers are crossed that the shop will be able to locate a starter solenoid because the flight to pass the Statute of Repose bill isn't over yet. But as evidenced by unique and rapid member telephone support in the Senate, and with your letters now to both houses of Congress, we may find ourselves landing during the 103rd Congress and completing an eight-year journey, resulting in legislation that could bring back jobs and new piston airplanes to this country.
