PPRuNe Forums - View Single Post - Part 61 gotcha for Chief Pilots/AOC holders and syndicates.
Old 8th Feb 2016, 21:17
  #33 (permalink)  
roundsounds
 
Join Date: Apr 2008
Location: Sydney
Age: 62
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Originally Posted by Lead Balloon
Whatever else the lawyer might have been trying to say, he wasn't saying that "information sheets" determine what the law means. The law determines what the law means.
Section 15AA of the Acts
The "information sheets" are merely what the author earnestly hopes the law means. Nothing more.
I agree, the law does determine the law and if there's anything left open to interpretation the authority creating/enforcing the law has a responsibility to explain the intent - hence information sheets.
Let's say a scenic flight operator employs a keen new CPL holder to do scenic flights using an aircraft type the CPL holder hasn't flown, although they hold the appropriate class rating and design feature endorsements. The CP trains the CPL holder up in the type and lets him lose on scenic flights. The CPL holder mishandles a problem and in the aircraft in the course of a scenic flight, bends the aircraft and the pax suffer permanent injuries. The CP doesn't hold an FIR, how would the courts view the CP training up the CPL holder? The pax wouldn't need to work too hard to prove the pilot wasn't competent to fly the aircraft, nor would the insurance company.
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