One of the shortcommings in ATPL courses is that there is not enough atttention for the background and reasoning behind certain rules, regulations and limitations.
Its good to know the background but once a regulation is made it has to be followed regardless of the reasoning behind it. I mean if a policeman catches me on crossing a red light, I cant argue that I should not be punished on the basis that I didn't bang into any other car, as collision avoidance was the main reason of traffic lights at a crossing.
Individuals that were and are member of ICAO and JAA performance comities have addressed certain topics but have also highlighted some of the shortcomings of the regulatory proces.
There are shortcomings because regulations are made by humans and one cannot rule out human factors/limitaions. But to challenge a regulation one has to submit evidence against it to the concerned committee so that a revision is issued. Until the new regulation is issued the previous one remains valid in the court of law.
In the end its about our own safety, nobody can ever accuse you of putting the safety of your pax at danger except a corrupt system.
Legal Implications + Corrupt System = Nightmare
