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Old 30th Dec 2012, 03:30
  #63 (permalink)  
LeadSled
 
Join Date: Jul 2001
Location: Australia
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Folks,
One of the sad things about the Australian approach to matters such as 9G raises, the "headset rule", is that the final line of the Australian rule would read:

Strict Liability Offense, XX penalty points. For Strict Liability Offense, see Section XX of the Criminal Code.

The present draft of an Australian Part 91 makes "interesting" reading, with some rules incapable of legal definition, but a breach, nevertheless, is a criminal offence.

For example, what is "normal fuel flow" for any aircraft, when it comes to calculation of such as Fixed Final Reserve or other reserves. The CASA answer is to require a manual that has flat block figures, regardless of weight and temperature. That is just one example.

Similarly, all the provisions of an "accepted" Operations Manual (in Australia they are "accepted". not "approved") which will contains SOPs, are enforceable, and a breach is essentially a criminal act, unless the PIC can prove otherwise --- reverse onus of proof.

It certainly hasn't done anything for the Australian air safety record --- based on ICAO accident definitions, not Australian "modified" definitions --- just have a look at the record.

Tootle pip!!

Last edited by LeadSled; 30th Dec 2012 at 03:37.
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