Casa with metadata notices you leaving the pub at 12am.. then again arriving and checking your weather app from the airport at 7:30 am....
What rule prohibits you from doing that?
I don't see why the reg is considered badly written.
I suppose it depends on whether it gives legal effect to what's intended. In any event, at one level it's badly written because lots of people evidently consider it to mean something it does not say.
It does not say:
"(3) A person shall not act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft if the person has, during the period of 8 hours immediately
preceding the performance of those duties or functions consumed any alcoholic liquor."
The effect of the above is that you are prohibited from doing e.g. a pre-flight inspection if you've consumed alcohol at any point in the 8 hours before
the inspection.
The rule actually says:
"(3) A person shall not act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft if the person has, during the period of 8 hours immediately
preceding the departure of the aircraft consumed any alcoholic liquor.
The effect of the above is that you are not prohibited from doing e.g. a pre-flight inspection if you've consumed alcohol at some point in the previous 8 hours, provided that the last drink was at least 8 hours before the aircraft's eventual
departure and you're not impaired while doing the inspection.
I also note that there can be no breach of (3) if there is no departure at all.