MJP59
"Fairness" does indeed come into it. The policies of DoT, as a branch of the executive, are amenable to judicial review. Two of of the grounds for judicial review, are the so called "Wednesbury test of reasonableness" and that their actions should be based in good faith, and follow the principles of natural justice.
So I trust that if the DoT is foolish enough to proceed with this folly, that AOPA will instruct its lawyers to challenge any such policy in the High Court.