Originally Posted by
bigwatch
In terms of the strict liability law, if you took off with the GW indicting over the MTOW of the aircraft, you would be guilty. I do not believe the ‘reasonable mistake of fact’ defence would not cut it in those circumstances.
There are times when breaking the rules are acceptable, but it is not to try and take off 200kgs overweight according to a GW indicator, nor to accept a landing a few knots outside the certified limits of an aircaft’s limits, particularly when there are other options. Being safe, being legal and being practical may not always give you the same outcome, but there is always a right choice.
If you were to google “atsb loading related event” you will see a whole series of events where aircraft have departed with incorrect loads that were only picked up later. The most recent I am aware of was in December with an A330 operating SYD-PEK that took off around 500 kg over MTOW. Nothing will happen to the crew as they were of the reasonable belief the aircraft was loaded correctly around 900 kg lighter.
I am not one for breaking rules, real rules, not ones that have been made up. There is no rule that says an aircraft must have the weight displayed in real time in the cockpit, let alone wait for that value to drop to a magic number before takeoff, or an aircraft cannot commence an approach if the reported tower wind exceeds the tailwind limit.
We have all flown with people with different personal standards that they apply above the regulatory minimum, what this thread in essence is about is people who project their personal standards onto others and pass them off are being the rule when in fact they are just another persons opinion.