Originally Posted by DFC
AD 1-1-6 of the AIP is very clear saying that "This section of the AIP specifies the notified method of calculating Aerodrome Operating Minima (AOM) for the purpose of
Article 39 (Public Transport Aircraft not registered in the United Kingdom) and Article 40 (Non-public Transport Aircraft)."
(The article numbers were changed in the last ANO amendment.)
The AIP goes on to say;
3.3.2 IMC Rating Holder in Current Practice
3.3.2.1 Pilots with a valid Instrument Meteorological Conditions (IMC) Rating are recommended to add 200 ft to the minimum
applicable DH/MDH, but with absolute minima of 500 ft for a precision approach and 600 ft for a non-precision approach. The UK IMC
Rating may not be valid outside UK territorial airspace, therefore IMC Rated pilots should check the validity of their rating for the State
in which they intend to fly. If the rating is not valid pilots must comply with the basic licence privileges, subject to the regulations of that
State.
...
That is the legal basis and that is why they are mandatory and why they are in the exam still.
How would you explain then, that the wording "absolute" in the AIP (formerly Air Pilot) 3.3.2 is unchanged from well before the introduction of Art 40 (or its corresponding number on introduction, 32A)? Why would the word "absolute" mean "mandatory" as differentiated from "recommended", when before 1990 there was no legal basis for mandating aerodrome operating minima for non-PT flights, and
all minima in the AIP were
recommended for non-PT flights?