Bloggs,
I didn’t write the law, however I do support the law that the PIC should do everything in their power to avoid collisions with any object whilst airborne or on the ground.
The object being an aircraft, a hill, a light pole, vehicle, baggage trolley, gate, or kangaroo all have the possibility of putting the safety of they persons in the PIC charge at risk as well as the aircraft.
As for the role for avoiding the 757 mid air collisions, yes the controllers were a casual factor, however please also take into consideration the ramifications of blindly following an ATC clearance in the Australian law -
CAR 161 Right of way
(1) An aircraft that is required by the rules in this Division to keep out of the way of another aircraft shall avoid passing over or under the other, or crossing ahead of it, unless passing well clear.
(2) The pilot in command of an aircraft that has the right of way must maintain its heading and speed, but nothing in the rules in this Division shall relieve the pilot in command of an aircraft from the responsibility of taking such action as will best avert collision.
CAR 163 Operating near other aircraft -
(1) The pilot in command of an aircraft must not fly the aircraft so close to another aircraft as to create a collision hazard.
(2) The pilot in command of an aircraft must not operate the aircraft on the ground in such a manner as to create a hazard to itself or to another aircraft.
CAR 163A Responsibility of flight crew to see and avoid aircraft -
When weather conditions permit, the flight crew of an aircraft must, regardless of whether an operation is conducted under the Instrument Flight Rules or the Visual Flight Rules, maintain vigilance so as to see, and avoid, other aircraft.
