No FLARM log equals Unsafe Operation? (USA)

Pilots who have participated in a recent SSA Sanctioned contest are
being polled in an attempt to persuade the rules committee to adopt a
MIRA (Mandatory if Rentals Available) rule for 2011 SSA sanctioned
contests.

The proposed rule will require all contestants to submit, after each
contest flight, a FLARM log that shows the unit was operational and
calls for application of rule 12.2.5.1 if a log is not produced.

Rule 12.2.5.1 deals with unsafe operation and has a maximum penalty of
disqualification from the contest. It is my understanding that this
rule is intended to address unsafe actions by a pilot. Unless the
FLARM log is not available because the pilot deliberately chose not to
fly with an enabled FLARM, then linking this rule to FLARM is
inappropriate.

Any proposed rule that seeks to make use of FLARM mandatory must also
consider carefully what happens if a contestant's FLARM fails after
the contest has started.

What happens if a FLARM fails in flight and a complete post flight
FLARM log cannot be produced. Will the contestant's flight be invalid?

Will a person suffering a failure of an owned or rented FLARM be able
to continue participation in the contest after a FLARM failure?

Will there be spare FLARM units available at the contest site? If so
will this spares pool be available to owners with failed units or be
restricted to current renters.

In addition the following needs to be addressed:

What happens if the number of contest entrants exceeds the number of
available rental units? Perhaps 2 possible answers - 1. MIRA no longer
applies, or 2. Late rental applicants are denied contest entry.

Please note that I am not anti FLARM. I am also not against a
transition to mandatory use in SSA sanctioned contests. What I am
opposed to is rushing into implementing rules that have not been
subject to the normal rules making process.

Andy (GY)