PPRuNe Forums - View Single Post - Strict Liability.... a hazard to air safety?
Old 1st Aug 2015, 09:57
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Weapons Grade
 
Join Date: May 2011
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Strict Liability and Absolute Liability

Triadic

I certainly do not support your argument that by adding "absolute" or "strict liability" as a adjunct to any section of the CAA or CAR adds to the "size" of it.
As for understanding the significance of "absolute" or "strict" liability, one needs to refer to Criminal Code Act (C'wlth) 1995, Section 3, Division 3.

Perhaps it is reinforcing the notion that the pilot in command will be held accountable for his/her actions; and depending on the offence, some defences to such offence will not be available if there is absolute or strict liability stated.

"Unintentional" would not be a defence under "strict" or "absolute" liability. For example, unintentionally (ie. didn't know medical certificate was not valid) flying without a valid medical certificate (CAR 5.06) - strict liability; 50 penalty units = $8500.00 (maximum). Another: reckless endangerment (CAR 5.04 - strict liability; 7 years imprisonment.

It is called "accountability".
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