Originally Posted by
LeadSled
LFAJ,
I hope you are not in Australia --- if you are, and anything to do with aviation, how could you have missed the decades long, billion $$$ "Regulatory Reform Program".
The one that has given us the licensing disaster, the pilot shortage, the completely screwed up maintenance rules, and the impending Part 91/135/121 that will decimate large sections of light GA.
You have obviously not been paying attention ---- or believe the CASA spin??
Tootle pip!!
A really helpful reply - thanks. Are you referring to the Civil Aviation Safety Amendment (Part 91) Regulations 2018 which were enacted on 6 December? And in particular part 91.265? If so, you do appear to be being a bit of a drama queen or king. Paraphrasing the legislation, it says that pilots have to follow a clearance unless it's not practical to get an alternative clearance before deviating and it's for reasons of safety......much the same as most other states, and clearly implies that any clearance is open to negotiation.
The FAR that you mention is about a different topic, the pilot-in-command's ultimate responsibility, and I can't help feeling that this will be implemented somewhere in the Australian legislation, but I guess you will know that better than I.
For whatever reason, what has in the past been considered to be common practise and normal operating procedure is increasingly being transposed into legislation - I'm sure there are good reasons for it although they escape me. In European Union airspace you now are in breach of legislation if you use non-standard phraseology, from what I recall this applies even if one makes a slip of the tongue which is then corrected. Obviously such law is not applied rigorously and, presumably, is intended to be used in cases of blatant and intentional disregard of the legislation. As a non-lawyer it seems to me to be poor law that only gets applied in some cases and, effectively, criminalises minor departures from the norm. But we're stuck with it for the moment in many situations - fortunately in most jurisdictions prosecutors and the judiciary appear to be taking a sensible approach to such law for the moment but, of course, there's no guarantee for the future or for an individual that gets caught up in a messy situation.
And for what it's worth, I have almost nothing to do with the Australian environment and most certainly have little knowledge of regulatory policies currently being pursued.