Unfortunately it's not illegal according to EK, this dispensation was inserted in to the new OM-A last year,( and not removed in this years revision) and as the OM-A is a GCAA approved document, it's legal!
Had a department inspector on board 6ish months ago, and we discussed this at length, he wasn't aware of it and said he would look into it. As we haven't heard anything about any changes, means the usual sweep under the carpet has occurred!
Quizzed the CP (H.A.H) about it as well, he laughed in my face!