PPRuNe Forums - View Single Post - VMC descent and Visual Approach
View Single Post
Old 29th Aug 2006, 22:28
  #17 (permalink)  
Spitoon
Guest
 
Posts: n/a
discount, whilst I would dearly like to take each of your points and disect them individually, I do not have the time right now and I suspect that even if I did it would not change your views one iota. However, what you are doing is blurring the purpose of aviation legislation - which is there broadly to provide a framework consistent with the responsibilities of the UK to comply with ICAO and to do what other bits and pieces that the MPs, that we elect, may wish to add - with more general legislation that relates to health and wellbeing of individuals and employees (where the individuals happen to be employed).

Whilst I'm no a lawyer, my understanding is that the latter invokes concepts of 'duty of care' and the like and uses expressions such as 'all reasonable measures to ensure that...' and that courts are there to judge whether those reasonable measures were taken. This legislation sets the framework for societal values generally, not aviation in any specific way. When a court is deciding whether reasonable measures were taken by, say, an ANSP, it would consider whether the relevant aviation legislation was complied with.

On a couple of other points, you are right that Annex 11 doesn't go into great detail about how an ATC service achieves its objectives but PANS-ATM does. What is more, PANS-ATM mentions separation quite a few times - and it this document that MATS Part 1 is largely based upon.

You also make a number of assertions about the way that deviations from MATS Pt 1 (and thus ICAO) are managed - for all of your claimed expertise, you appear to misunderstand the UK regulatory framework because mot of these assertions are incorrect. You may not believe that the UK regulatory system is right but if you are going to cite it, please make you comments on the system that is in effect rather than guesswork or how you think it should be.

I will now await the inevitable tirade in response and, maybe, when I have more time, we can engage in some usefuk and informed debate.

All rather off-topic, but you started it.