Taking off overweight is an offence of strict liability, every element of a strict liability offence must be proven by the prosecutor, and proven beyond a reasonable doubt. With a valid load sheet and performance data you are covered because it is the approved “method of estimating” and “manner of determining”, if the load sheet that says you are overweight and sit on the ground to burn off contingency fuel you are not covered....
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The important thing is knowing that a horizontal windsock is 15 kts and it is located just next to where you want to touch down. Knowing how ATC determines the mean wind is not important, it is important to understand that it is not realtime or at the touchdown point.
Wrong on 2 accounts.
Strict liability does not require proof of fault or carelessness by prosecutor. There is effectively no defence.
“Strict Liability
Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault.
Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent”
Most windsocks are 25 knots, meaning if the windsock is straight in the majority of cases you,ve got significantly more than 15 knots. Granted there are 15 knot windsock in use but they are the exception rather than the rule.
And they generally don’t exist at the major city airports in Australia.