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Old 13th May 2005, 18:11
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swh

Eidolon
 
Join Date: May 2001
Location: Some hole
Posts: 2,179
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Is it reasonable for a pilot to know that kangaroos are part of the local ecology.

Is it reasonable for a pilot to know local procedures if they have operated for that airport before.

More than one way to look at an argument, I would suggest it is the aircraft in the wrong as it is the PIC ultimate responsibility to avoid collisions with any object whilst airborne or on the ground.

CAR 92 Use of aerodromes (1) A person must not land an aircraft on, or engage in conduct that causes an aircraft to take off from, a place that does not satisfy one or more of the following requirements: ……and, having regard to all the circumstances of the proposed landing or take-off (including the prevailing weather conditions), the aircraft can land at, or take-off from, the place in safety.

CAR 93 Protection of certain rights - Nothing in these regulations shall be construed as conferring on any aircraft, as against the owner of any land or any person interested therein, the right to alight on that land, or as prejudicing the rights or remedies of any person in respect of any injury to persons or property caused by the aircraft.
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