AOCM-legally enforceable ??.

[Kharon]

A bit of feedback lately about the policies within the Air Operator Certification Manual (AOCM ) being contrary to 'operator' SOP, policy and established practice. (Read Chief Pilots tearing out remaining hair). Apparently (so the stories go) it's the policy way or no way.

Take out the hard option of testing the policy against law in court, it seems, that you are stuck with no issued approval, or, no written directive to comply and; precious little option other than to obey.

IF it was tested, properly; then what. Suppose you had the time, money and persistence; is a policy legally enforceable over the Act or Regs (as writ)??

[Grogmonster]

Well I am not a lawyer but I am a great student of the school of hard knocks. Lets just say that CASA bring out the AOCM at every opportunity and you should view that document as the policy that CASA wished was Incorporated in the rules, regs and whatever. The way I see it CASA can't even officially approve your Operations Manual however just try getting an AOC without their tacit approval. It just won't happen. Bottom line is just go along with the diatribe, smile, bend over and grin. When it is all over and you have your AOC put the Ops manual on the shelf with all the other useless crap and let it gather dust while you go out and earn a quid.

Groggy

[kimwestt]

:ouch:
GROGMONSTER - EXACTLY!!!
Been smelling any roses lately?

[601]

just go along with the diatribe, smile, bend over and grin.

If you think that your OM complies with the Act, CARs, CASRs and CAOs, ask CASA to put it in writing as a direction under CAR 215(3) and stating the particular legalisation that, in their opinion, you are not complying with.

The AOCM is not law.