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Old 25th Nov 2017, 13:12
  #150 (permalink)  
LeadSled
 
Join Date: Jul 2001
Location: Australia
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You would be hard pressed to argue that servicing or maintenance chapter of the POH/AFM and its associated supplements did not fit under the definition of "approved maintenance data" in (c) and (d)
Progressive,
In a nutshell, re. "servicing",that is what counsel for CASA have argued, and in the same context in the AAT have differentiated between "servicing" in US paperwork, and the fact that, unlike the US, effectively everything that is done here, post manufacture, is "maintenance".

In the same context, in US, maintenance is to acceptable data, plenty of guidance material to A&P, IA etc., whereas, as you can see from CAR 2A, here it is all "approved" data, the difference is not trivial.

Then CASA turns handstands to try and define "approved", leaving lots of anomalies and "grey" areas, because there is not the US style latitude for on the spot flexibility. And there is the CASA "gotcha" enforcement mentality. As a former Head of CASA OLC said: "Pilots and engineers are just criminals who haven't been caught yet" ---- in my presence.

That something like this leads to time and expense in the AAT and Federal Court (which obviously doesn't include the majority of cases where the poor sods on the receiving end, who surrender, cop the points, pay the fine and sign the Voluntary Enforceable Undertaking, because they have no other practical and/or affordable solution) is a great advertisement for the whole US approach, not just the FARs, but the whole FAA philosophical approach.

Tootle pip!!

PS: Just a further clarification re. the "windscreen wars", CASA persons argued that washing windscreens was not specifically listed in Schedule 8, notwithstanding #24. Re. jacking, again, it was not me arguing for ratbag interpretations of Schedule 8, I was only ever repeating what CASA persons have said at traveling roadshow "safety" presentation, where, re. Schedule 8, it was almost all in the negative, what you can't do, despite the document appearing to say otherwise. Don't shoot the messenger.

Last edited by LeadSled; 25th Nov 2017 at 14:11.
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