PPRuNe Forums - View Single Post - CASA opinion: Aircraft must be grounded in temps over 40 degrees
Old 16th Apr 2017, 05:19
  #90 (permalink)  
FGD135
 
Join Date: Apr 2008
Location: Australia
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Bankstown Boy,

It is tough to debate you when you don't answer my questions and fail to understand what I have written. I am going to have to go over everything again, laboriously. Please read carefully this time, and answer my questions.

Can you give an example of a "strict liability civil matter" where you are presumed guilty until proven innocent? If what you are claiming is true, then you could be taken to court on nothing more than an allegation - and then convicted if you fail to mount a defence.

Are you saying that this happens in Australia? Can you give an example?

Take the case of a cop issuing you with a speeding infringement. This would be an offence of strict liability in every state. Do you consider this to be an example of a case where you are "guilty until proven innocent"? Please answer this question.

When I asked "Ok, so which law is that?", I was actually referring to this statement of yours ...

If the charts cannot be extrapolated and you are operating outside of a limit of that chart, then you are breaking the law.
... and asking which law it is that you have broken. There is no law that says you must not operate outside the limits of a chart. Can you point me to any such law?

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.
This statement shows, very clearly, that you do not understand what I have written. I have never said, nor implied, any such thing. My whole point is that to break a law, the law has to exist in the first place. There are clear laws that apply to takeoff weight and medical certificates.

When it comes to taking off, there is only one law, and it states that you cannot take off overloaded. Therefore, to charge you under this law, the allegation has to be that you "took off overloaded". It cannot be that you went outside a chart limit.

By admitting that you "took off yesterday under identical conditions", what law have you broken?

Let's say you safely took off at 42C, but your charts only went to 40C. Are you saying CASA could charge you with an offence? If so, then please state exactly which law it is that you have broken.
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