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Geez I wish you would read first before typing!
I didn't say that anyone was breaking the law. What I did say was that anybody who disobeys their Ops Manual is breaking the law. That's what the CAA told me when I was writing one some years ago, and unless Flying Lawyer or somebody knows differently, that is the way it is.
Ops Manuals are frequently more restrictive than JAR-OPS. For example, the Ops Manual of the regional airline I work for does not allow me to depart without an alternate, irrespective of weather conditions or anything else.
There is no argument about choice of alternate...