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Old 7th January 2024 | 22:53
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GaryGnu
 
Joined: Feb 2001
Posts: 141
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From: They seek him here, they seek him there
How far for the defence to be invoked

Originally Posted by Lookleft
Conversely its also why pilots make bad lawyers.
Couldn't agree more.

So I ask the question of any real lawyers here, how far along a journey into the legal system does a pilot have to go before the defence provisions of s30 of the Act can be used?

I note that the first words of the s30 are:

In any proceedings...
​​​​​​Does s30 effectively work to keep things out of a courtroom or does a pilot who found themselves in a set of unfortunate circumstances have to wait until they step foot inside one to invoke a defence under s30?

I remain to be convinced that this is a better legislative structure than the explicit and specific exceptions written into the relevant regulation (eg CAR 235 Overweight landings, CAO 20.7.1B s11 for landing distance factors)
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