PPRuNe Forums - View Single Post - CASA opinion: Aircraft must be grounded in temps over 40 degrees
Old 16th Apr 2017, 03:55
  #86 (permalink)  
Bankstown Boy
 
Join Date: Sep 2009
Location: Sydney
Posts: 101
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So you're guilty until proven innocent under Australian law, then?
Yes. for strict liability civil matters, yes. It's been that way for some time.

Ok, so which law is that?
the bit that says "you must". the law says nothing about interpreting the chart, or what happens if you "draw" outside the lines. It simply says that you must do a thing, and you have been left with no way to prove that you did that thing. Ergo, you have committed the offence.

For example, you could say, "I took off perfectly safely yesterday, under the exact same conditions".
No you could not, you would simply be admitting to breaking the law twice on successive days. That's beginning to look like systemic failure to CASA. You could also say that you took off 500kg over MGTOW yesterday and it was fine, so there is no issue with the MGTOW rule either; or I flew without a valid medical and it was fine too.

The law doesn't work the way you think it does. If you tried anything that you have suggested as your version of a defence, then after counsel for the prosecution stopped sniggering the magistrate or judge would pretty much move to the penalty phase.

You are labouring under the misapprehension that there is an innocent until proven guilty clause in Australian civil law. There is not.
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