BYLAWS

F RENCHMAN BAY FLYING CLUB INC.

Introduction

The name of this organization shall be the Frenchman Bay Flying Club, Inc.

The objective of this club is to stimulate an interest in aviation, to provide authorized members an opportunity to engage in flying as a recreational activity, and to encourage and develop skills, aeronautics, navigation, mechanics, and related aero science.

Membership of the club shall be restricted to those persons interested in aviation and acceptable to the voting members of the club. All members shall have equal interest, privileges, obligations, and restrictions.

Profit and Fiscal Year:

A: This organization is not formed for pecuniary profit.

The fiscal year shall extend from April 1 to March 31.

Membership, classification, privileges:

A: Membership shall be classified as either active,suspended or medically suspended. An active member shall be considered as one who has paid the required fees and has been favorably accepted by the club's officers and who is not under suspension. He/she shall be tendered all privileges and benefits within the power of the club.

B: A suspended member shall be considered as one who has been temporarily denied all the privileges, including flying privileges, of membership in the club by action of the officers or members. Dues for this member shall continue. A period of suspension shall be limited to thirty days, unless otherwise provided, at the end of which time the officers or members shall be required to take further action or the member shall automatically become active again.

C: A medically suspended member shall be considered as one who has notified the officers of the club their flying privileges have been suspended for medical reasons. Dues for this type of membership shall be reduced by 50%.

Any member under investigation by the Federal Aviation Administration or the clubs officers for an accident or any other incident shall automatically be suspended until such time the investigation is completed.

Officers, Board of Governors & Honorary Board

A: The officers for the club shall be a president, a vice-president, a secretary/treasurer and an operations officer.

B: Officers of the club shall be elected by a majority written vote of a quorum of active members of the club for a term of one year at the regular meeting of the twelfth month of the fiscal year.

C: A majority written vote of a quorum of active members shall be required to impeach an officer and such action shall be presided over by a member chosen by the club who is not a officer of the club.

D: The officers of the club shall comprise a board of governors, with full authority to act in any or all matters concerning the club, excepting those requiring a vote or as otherwise specifically provided by regulations of the club. Obligations of the club must be presented to and approved by the officers before payment is made. All checks or withdrawal slips must bear the signature of the treasurer, the president or vice-president of the club.

E: Honorary Board of Governors: Any member may submit the name of any person for consideration by the general membership to the position of honorary board of governors. This candidate shall be approved by the majority vote of a quorum of active members. the position of honorary board of governors is a non-voting position that is charged to assisting the club in all pertinent matters.

F: In the event of a vacancy of an office, the remaining officers shall appoint a temporary officer to serve until the next regular meeting, at which time a special election shall be held to fill the vacancy. The candidates shall be nominated from the floor at the time and, if a permanent officer is not elected within sixty days after the vacancy occurs, the temporary officer shall automatically become permanent for the remainder of the unexpired term.

Definitions and duties of officers and members

A: It shall be the duty of all officers to conduct the activities of the club in an efficient and business-like manner and to safeguard the interest of the club at all times. It shall be a duty of the officers to insure that adequate and proper insurance be carried at all times to protect the membership from liability and damages to the full extent possible.

B: The president shall preside at the meetings of the club, appoint all committees, acting as an ex officio member thereon; and perform all other duties as properly pertaining to the office.

C: The vice-president shall act as president in the absence of that official. He shall have complete charge of all elections except for the replacing of the vice-president, in which case an officer chosen by the board shall preside. In the event of the absence of both the president and the vice-president at any meeting, a chairman shall be chosen by the members present to preside at such a meeting.

D: The secretary/treasurer shall conduct all correspondence at the direction of the club or its officers, record the minutes of the meetings, make an accurate record of the proceedings, conduct of the clubs daily business in accordance with established operating procedure, including maintenance of records of medical certificates and annual/biannual flight review information on each active member, so as the secretary can notify members when currency lapses, and perform other duties that properly pertain to the office. The treasury shall receive and disburse all club money and maintain a club account in an approved depository, maintain an accurate record of financial activity of the club, make an annual and monthly report to all active members of the official transactions, and perform all other duties as properly pertaining to the office.

E: The operations officer shall have overall responsibility for the conduct of the clubs daily business in accordance with established operating procedure, FAA regulations,(FAR's) and shall be responsible for maintenance of the club equipment, and cause such records as are necessary to be kept on equipment and for accounting purposes. He shall directly supervise the scheduling and quality of work conducted by the aircraft maintenance section, and shall insure that all flying activities are conducted in the interests of flying safety.

F: The duties of the officers shall be to act on all matters of policy, to determine the cost per share of ownership in the club, monthly dues and flying charges, to act in a judicial capacity on violations of club rules, to protect the clubs interest and safeguard its welfare, to submit its findings and recommendations to the meetings for approval, and to audit the records and testify thereto.

G: The duties of the members shall be to attend all meetings, to conduct themselves in a proper and fitting manner, to uphold the dignity of the club at meetings and on the flying field, to be alert and mindful of the clubs interest, to exercise due caution and safety in flying, and to observe all federal, state, local, club, and FAA flying rules and regulations.

Quorums and meetings

A: The quorum for all membership meetings shall be least five (5) members in good standing, including at least two officers. The quorum for all officer meetings shall be three officers. B: Upon written request of at least one half of the active club membership, the president shall be required to call a special membership meeting. The president may do so at his/her own discretion.

C: All members shall be notified, if possible, of the time, place, and subject matter of the special membership meeting and only that business for which the meeting is called shall be transacted.

D: Board meetings shall be at the discretion of the officers or may be called at the discretion of the president.

Voting

A: Active members only shall be allowed to vote on any matter requiring a vote and they shall be entitled to only one such vote.

B: Proxy voting will be allowed only if submitted in writing to the secretary prior to the meeting. The proxy vote shall list the members name, and a description of the subject matter relating to the item being voted on.

C: It shall require a majority vote of those active members present at a meeting to effect passage of any resolution except when otherwise provided for by regulations.

D: All officer matters shall require a majority vote of the officers to be passed.

Upon dissolution of the club, three members shall be designated as trustees who shall liquidate the assets thereof as soon as practicable and all existing debts and liabilities in proportion to the final available capital including any money rightfully due to members as refunds or salaries in accordance with the regulations of the club.

Amendments:

A: Amendments or changes to these by-laws can be effected only by a two thirds favorable vote of the required quorum.

B: Any proposed amendment or change shall be voted upon and, in the event of favorable action, the amendment or change shall go into effect at once unless otherwise specifically provided.

C: Any change or amendment to these by-laws shall be attached hereto and signed by each and every member of the club who shall then receive and sign for a copy of same. Each and every member shall also sign the original or master copy of these by-laws and receive a copy for his/her own information.

Membership applications, resignations, and expulsions.

A: The number of active members shall be limited at the discretion of the officers based on the amount of equipment and the average amount of time and equipment is in use so as to allow reasonable use to each active member without undue restriction.

B: Applications for membership shall be addressed to the secretary who shall, not later than the next meeting, bring them to the attention of the officers for immediate proper action.

C: The cost per share in ownership in the club as set by the officers shall be charged each new member at the time the application is submitted.

D: Shares in the club shall be non-refundable and the money will revert back to the club upon termination of membership.

E: Upon approval of the application by the officers, the secretary shall put the name on the waiting list. New members to fill vacancies must be accepted from this list.

F: New members shall be required to take a check ride and be signed off by the club's designated Certified Flight Instructor(s) who shall be approved by the club's officers, prior to being given full privilege of the clubs equipment. Said sign off shall be for the same type aircraft as the clubs aircraft. Students may, however, fly with an approved instructor until being allowed to fly solo flight.

G: Resignations shall be addressed to the secretary who shall bring them to the attention of the officers for proper action.

H: Resignations shall become effective not less than thirty days from the date the formal request is received by the secretary, and then only upon approval of the officers, but in no event before all money due the club shall have been collected.

I: At the discretion of the officers, and approved by a majority written vote of a required quorum, an individual's membership may be discontinued. Suspension shall take place immediately upon such action, and final expulsion at a date set by the club members, but in no event before all money due the club shall have been collected. Upon such action, the member in question shall be required to relinquish his/her share(s) of ownership in the club to the secretary. The member in question shall not receive any refund in the costs of the share(s) from the club, and is not allowed to transfer the share(s) to any other person.

- General Conditions

A:Flying regulations, standard operating procedures, and any other regulations deemed necessary by the members of the club shall be adopted and have the same force and effect as if published as a part of these by-laws.

B:Each member of this club shall have read and shall have agreed in writing to observe and abide by all the provisions to these by-laws, flying regulations, and standard operating procedures of this club and to acquaint him/herself as thoroughly as possible with the local field rules of any and all airports or any field where the club equipment is based and with the FAA regulations and to observe them to the best of his/her ability before being finally accepted to active membership.

C: Members of the club shall observe all existing FAA regulations, state, local, airport and club rules. The aircraft engine shall not be started without a competent operator at the controls. No member of the club shall execute slow rolls, inverted flight, or unusual maneuvers which might cause structural damage, other than maneuvers required in flight tests for any airman certificate. The aircraft shall be operated only from those landing areas which are officially recognized as public or private airports which have asphalt or concrete surfaces. Landings on dirt or grass strips or other landing areas will be permitted only upon the prior approval of the officers on a member by member case. Use of the club aircraft for commercial purposes is prohibited. The aircraft shall not be loaned or rented to non-members. Student members are limited to cross-country flight of a length to be determined by their instructors.

D: The aircraft owned by the club shall be flown only by club members. Exceptions to this rule may be granted only by action of the club. Student members are limited to solo flight, flying with an approved instructor, or a properly licensed member of the club. Flight of club aircraft outside of the six New England states (Maine, New Hampshire, Vermont, Massachussets, Rhode Island and Connecticut) is prohibited, unless approved by the officers before the flight is commenced.

E:In all cases, whether local or cross-country, it will be the responsibility of the member using the aircraft to make a preflight inspection prior to each flight, to service the aircraft at the end of the flight, to fill out all items on the flight record book, and to report any malfunctioning of the aircraft the the maintenance officer, irrespective of how minor it might be and finally, to place the aircraft in its tie-down position or in its hangar unless the next member to fly is on hand to take over.

F: All property, including aircraft and accessories, ect., purchased by the club, purchased jointly by club members, or donated to the club shall be owned out-right in the name of the club.

G: In the event of any damage to any equipment belonging to the club except where provided for elsewhere in the club regulations, the following specific rules shall apply:

a: If any accident is caused through violation of FAA, club or local regulations, the member at fault shall be responsible for the uninsured portion of the damages.

b: Any member is liable to the club for any damage resulting from his/her own carelessness or negligence.

c: In case of an accident, ground or air, a meeting will be called by the officers of the club to decide on the case in question. The officers have the power to investigate accident, to penalize one or more members of the club for violation of good flying practices, and the power of expulsion for unsafe operations.

H: All active members shall be required to take annual/biannual flight reviews in club or same type equipment with the clubs designated CFI(s) or a FAA Flight Examiner.

I: No member of the club shall be authorized to make purchases in the name of the club except by order of the officers.

J: Any member of the club finding it necessary to purchase gas, oil, or parts, or to have any repair work performed on the equipment of the club, in an emergency or on a cross- country may do so in his name and upon presentation of a properly receipted bill for such sales and/or services, such bill having been approved by the officers, shall be reimbursed.

- Violations:

A: A violation of any of the rules by a member renders him/her liable to either a temporary flight suspension, a monetary fine, or expulsion.

B: Expulsion from the club will be recommended in extreme cases of violation, especially in violation of FAA regulations, or upon unanimous vote of the officers.

Dues and flying rates

A: Officers shall be responsible for periodic review of expenses, and shall set charges for monthly dues and flying rates in such a manner to maintain a solvent organization.

B: Dues as set by the officers shall be payable in advance on the first of each month.

C: Charges for flying time shall be based on tach time, which includes gas, oil and maintenance.

D: Flying time charges shall be paid within 30 days of the billing of same. Any member who has overdue charges at the end of 30 days shall be subject to the terms and conditions spelled out in Section 15 subsection F.

E: A minimum charge equal to the cost of two hours flying time shall be paid for each twenty-four hours duration of all cross-country trips. This amount my be applied toward the total flying time flown on such cross-country trips. No minimum charge shall be made for a period in which a member presents evidence satisfactory to the officers that flying was prohibited during that period by inclement weather or by circumstances beyond the pilots control.

F: Any member who is more than 30 days past due from any billing who fails to make full payment within said 30 days, shall automatically become suspended and the president and or treasurer shall notify the member in question. Any late payment will be subject to a charge of 1 1/2 percent interest monthly on overdue balances. The suspension of the member in this case shall be automatically renewed each 30 days by the officers, until such time the account is paid in full. The officers shall pursue delinquent accounts owed to the club through the courts of the State of Maine.

- Reservations for flying club aircraft

A: All flying time shall be scheduled in advance of the proposed flight and shall include the following information: name, destination, start time, and return time.

B: Any member more than 15 minutes late for his appointment shall forfeit the remainder of his/her period to any member desiring it.

C: The maximum number of hours which can be scheduled for Saturday is 4; for Sunday and for official holidays 4. Additional flight time may be permitted if at any time the aircraft is reasonably expected to be idle. This additional time may only be signed out on the day of the flight.

D: A cross-country flight involving an absence of more than one night or more than one day shall be scheduled only upon approval of the officers.

(revised 04/01/94)
(revised 10/31/95) sec 8 ss a/sec 16 ss
(added to www.fbfclub.com 7/21/03)
(revised 02/14/04) (added medically inactive classifcation, initial fee non-refundable)
(revised 05/15/05) (changed Operations Director to Operations Officer – made a normally elected position)