Old 24th Dec 2015, 01:49
  #88 (permalink)  
Join Date: Jul 2001
Location: Australia
Posts: 4,932
Square Bear,

Recklessness has a fairly well defined meaning in law, and is far more serious than such as "carelessness" in motor traffic act/regulations.


Quite a long time ago now, Paul Phelan did an extensive piece of research on the application (and the limitations of imposing) strict liability, including all the then current legislative guidelines, and the various bodies creating the guidelines. He had substantial legal assistance.

One particular nono is "---- for administrative convenience".

"Honest and reasonable mistake" is a very high test, effectively the reason must be beyond your control.

Unsurprising, CASA completely ignores (and it is a CASA decision, not legislative drafters) all the guidelines, including unmaking offenses where there is an element of decision making discretion by the pilot in command, ie: was he/she/it legally visual at minima.

Tootle pip!!
LeadSled is offline