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Old 9th Jan 2016, 17:30
  #50 (permalink)  
Juan Tugoh
 
Join Date: Apr 2004
Location: UK
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Penko, I wasn't using any red herrings. All I was asking was what is the difference on the body when you sit in an aeroplane at the behest of an operator, or whether you do it on your own dime? The logical conclusion of either argument is not pleasant, you either say there is no difference and therefore should count any pre op commuting by air as fdp, or you jump the other way and that would allow an airline to position you without it counting as fdp. What you are defending is the logically indefensible argument that sitting in an aircraft only sometimes (when it suits you personally) is in any way fatiguing. As I said I really do not care as it doesn't affect me, so I will not ever be in the situation where I have to make such arguments in front of a judge who is deciding whether the accident/incident that I was involved in (God forbid) was in any way down to a personally advantageous interpretation of the FDP rules. Barristers are paid to make us and our decisions look foolish, I don't want to in the position of trying to defend the indefensible. I hope you never have to either.
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