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Correspondence received from TCA National:



TCA SETS MINIMUM AGE FOR MEMBERSHIP

 

Many things have changed since TCA began in 1954.  In 1957, the Association became incorporated under Pennsylvania Law and the Articles of Incorporation can be found HERE.  The founding generation could not have envisioned the many ways life today is different from back then.

 

Following a review of the Commonwealth of Pennsylvania Law, it became clear to TCA that we needed to publish the minimum age for membership in the Association.  As Pennsylvania Law recognizes the age of majority as the age of 18 as being the age at which a person can enter into a legally binding contract, an applicant for membership in TCA must be that age or older to join TCA.

 

It was decided at a TCA Executive Committee telephone conference call on 10 May 2012 that this information should be formally stated and published in our Rules and Regulations.  The Rules and Regulations have been changed to reflect this decision and are posted on line.  You can access them HERE.

 

One of the primary aims of the Association is to foster and facilitate the buying and selling of toy, scale and model trains and related items.   A stated age limit was deemed necessary because of the potential liability posed by transactions (which are contracts) that go awry. 

 

The Executive Committee, composed of members of the Board of Directors under the bylaws found HERE, are exercising their fiduciary responsibility to the membership by acting to prevent the exposure of the Association to legal action engendered by a transaction which one of the parties did not have the ability to enter under existing law.

 

Members recruiting applicants must ascertain the age of the potential applicant prior to sending the application to the National Business Office for processing. Applications for those persons received since 10 May 2012 for anyone under the legal age are being returned.

 

For those under age 18, membership is available in the TCA Kids Club and information on it can be found HERE.  Please note that all Kids Club members need a TCA member in good standing as a sponsor and Kids Club members are not members of TCA and therefore do not have the benefits of regular TCA membership.    

 

Last edited by Allan Miller
Original Post

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Whew!!  I was afraid they were imposing a forced retirement age and this old coot

would be booted out into the snow!  (seriously, in various publications, and over time,

I have read about how hard it was to get kids interested in trains since so few seem

to run...at least in this area where kids are too prone to forget about them at

crossings....and people are worried about their collections and disposition and the

loss of part of our history and heritage and who will carry it on...and that all of that

should be encouraged) This action is probably due to a legal hassle that will have to be worked around)

People under the age of 18 can join the TCA kids club.

 

Both of my sons were charter members of the Kids club.

They received free charter member boxcars.

 

Of more concern to me is the apparent board emphasis:

 





quote:
One of the primary aims of the Association is to foster and facilitate the buying and selling of toy, scale and model trains and related items.




 

 

Originally Posted by Mark V. Spadaro:

Does this mean every time a minor makes a purchase in the Commonwealth of Pennsylvania, they're entering into a contract which can be abrogated because the minor has not reached their majority?

That's what this sounded like to me too.  Obviously there is a common sense line somewhere.  Kids aren't going to be forbidden by PA law from buying their junk food and comic books.  So what is really going on here?

 

Thanks, Allan for posting the notice!

Originally Posted by Gandalf97:
Originally Posted by Mark V. Spadaro:

Does this mean every time a minor makes a purchase in the Commonwealth of Pennsylvania, they're entering into a contract which can be abrogated because the minor has not reached their majority?

That's what this sounded like to me too.  Obviously there is a common sense line somewhere.  Kids aren't going to be forbidden by PA law from buying their junk food and comic books.  So what is really going on here?

 

 

I'm no lawyer, but I think that a lot of it has to do with the fact that when you join the TCA, you are signing a contract agreeing to abide by the terms and rules of the TCA in exchange for benefits of membership.  Kids cannot legally sign such a contract in PA (at least not without some other kind of legal documentation, such as a legal emancipation of a minor), which is the reason for the change.  I think that PA doesn't afford straight-up commerce (purchasing of goods and services) the same level of consideration as a contract that requires a signature.

 

The TCA is just complying with the laws of PA here, nothing more, and nothing less.  The TCA Kids Club certainly provides for the involvement of kids, so it is not like anything is being lost here.

 

Andy

"One of the primary aims of the Association is to foster and facilitate the buying and selling of toy, scale and model trains and related items.   A stated age limit was deemed necessary because of the potential liability posed by transactions (which are contracts) that go awry."

 

Nary a word about belonging to the TCA being a contract; but explicitly states rule was promulgated becasue of sales transactions, which brings me back to my original question - is every transaction by a minor in PA a contract?

When I was 15-16, I had a paper route.  I paid my manager each week by a check that I wrote out and signed.  No check required a co-signer.  I did have a parent's name on the account and on the check but I was the only one who ever wrote or signed them.  Checks are a classic example of a contract.  I was clearly making a contract.  Would it have held up if there had been a problem and had gone to court?  Who knows?  The checks all cleared and the manager got his money.  My point is simply that there are practical exceptions with contracts.

Originally Posted by Gandalf97:
Originally Posted by C W Burfle:

Of more concern to me is the apparent board emphasis:

quote:
One of the primary aims of the Association is to foster and facilitate the buying and selling of toy, scale and model trains and related items.

So the "C" in TCA stands for "Commerce" not "Collectors"?  

No in this particular instance TCA stands for "Try to Cover your @ss

Thats why it says 14 and up... same thing

David

Originally Posted by Gandalf97:
Originally Posted by C W Burfle:

Of more concern to me is the apparent board emphasis:

quote:
One of the primary aims of the Association is to foster and facilitate the buying and selling of toy, scale and model trains and related items.

So the "C" in TCA stands for "Commerce" not "Collectors"?  

 

 

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