Paul Murdock writes:

Our SOPs state the following in 12-12.02 and 12-12.03:

2.c. Tandem passengers must have in their possession a current USHPA membership
card.

2.d. When present at a flying site, a Tandem Instructor pilot shall personally
ensure that all tandem flying requirements and the site requirements are being
strictly followed. The Tandem Instructor pilot shall personally inspect the
USHPA ratings of tandem passengers and certification of tandem pilots, and shall
have the authority to halt those tandem flights that are in noncompliance.
Noncompliance shall be reported to the Regional Director.

This is per our SOPs, not part of our tandem exemption. So regardless of the
exemption used, in order to comply with USHPA’s SOPs, tandem passengers would
need to be USHPA members. The requirement is also part of our exemption
(12-12.04), but that is not the SOP they would be violating. As you point out,
if they are using an ASC exemption, our 4721 requirements would be moot.

My reply:

So you are saying that if a USHPA certified tandem instructor gives a tandem
flight under the ASC tandem exemption and the student is not a USHPA member he is in
violation of the USHPA SOP 12-12.02 and 12-12.03.

That is, no matter what tandem exemption the tandem pilot is operating under he
is still required to act as though he is under the USHPA tandem exemption
through the provisions of the USHPA SOP 12-12.02 and 12-12.03.