The Death of Streamer-cutting and Flour-Bombing.
I was going to start a new thread on this, but similar ideas are here. Are we getting to the stage that air law in Australia has become so convoluted and involving legal roundabouts that there is no way for the average person to comprehend let alone comply with them? Therefore the whole legal framework is basically unusable now, with no simple explanations and workings of how each rule should be applied it's almost to the stage that anarchy can occur as no-one has any idea what the rules are talking about. The more I talk to others about part 121 alternate rules and now these carry overs from CARs that are worded like Dr Seuss books it seems no one has any consistent ideas of what the rules actually are. So if CASA actually tried to prosecute anyone using them it would become a travesty as you could just bring 10/100/1000 pilots in and ask each what their interpretation is and not one would agree.
It then becomes like the terms and conditions caveat, where if you write a document so long and convoluted that the average person has no chance of reading it let alone understanding it, it becomes invalid.
I say do what you want according to common sense, if you get accosted and charged for anything under CASRs just get the judge to read the entire document. Then ask them if an average human can understand it and what would happen if the average driver had to contend with such rules before getting in a car.
It then becomes like the terms and conditions caveat, where if you write a document so long and convoluted that the average person has no chance of reading it let alone understanding it, it becomes invalid.
I say do what you want according to common sense, if you get accosted and charged for anything under CASRs just get the judge to read the entire document. Then ask them if an average human can understand it and what would happen if the average driver had to contend with such rules before getting in a car.
The original Civil Aviation Regulations 1988 were under 200 pages long. Total.
Today, you pick up a 200 page MOS, made under a 200 page Part of CASR, and that MOS points to CARs, CAOs and CASRs. F*cking masterpiece.
Today, you pick up a 200 page MOS, made under a 200 page Part of CASR, and that MOS points to CARs, CAOs and CASRs. F*cking masterpiece.
Last edited by Lead Balloon; 9th Dec 2021 at 23:33. Reason: To insert link to original CARs
CASR Revised 2021 Dec by me;
1. Don't crash; It is the PICs responsibility to avoid death, injury, prangs and embarrassment using common sense and non violent means.
2. To avoid crashing/embarrassment; Give way to the right by altering heading to the right, Head on both turn right. Lower aircraft have right of way, and don't challenge an overtaking aircraft to a race by diving or such to claim advantage (competing airlines exempt for fun purposes). Don't land or take-off on an occupied runway.
3. Aircraft in the circuit have right of way, anyone joining should do so from overhead or any other part of the circuit if safe to do so as per rule 1 and 2.
4. An aircraft must not run out of fuel/range while in flight. If the weather at destination is below minima you must have fuel/range for an alternate, the alternate must not require an alternate itself. (for the stupid carry more for mistakes or errors to avoid compromising rule 1)
5. To go in controlled airspace you need a clearance and must do what they say unless it contravenes rule 1. If there is RADAR, ATC will separate you, if not, you get a traffic service.
6. Drone operators are considered PIC and must not contravene rule 1.
7. Don't fly in cloud unless you have fly in cloud permission. Stay 1000ft vertically and 1500mt horizontal away from cloud otherwise to avoid straying into cloud.
8. Carry a radio dufus, tune into the local frequency, then you can talk to other pilots and aid in rule 1 & 2.
9. Anyone intending to operate an aeroplane must be appropriately trained and competent for what they intend to do, in compliance with rule 1.
10. Private operations are carrying friends/family and related for no financial gain, or airwork above private property or for private purposes that involve no direct remuneration for the service. Commercial operation is anything else.
11. Aircraft must be maintained in an airworthy state, where it would not be foreseeable that the state would lead to an infringement of rule 1.
1. Don't crash; It is the PICs responsibility to avoid death, injury, prangs and embarrassment using common sense and non violent means.
2. To avoid crashing/embarrassment; Give way to the right by altering heading to the right, Head on both turn right. Lower aircraft have right of way, and don't challenge an overtaking aircraft to a race by diving or such to claim advantage (competing airlines exempt for fun purposes). Don't land or take-off on an occupied runway.
3. Aircraft in the circuit have right of way, anyone joining should do so from overhead or any other part of the circuit if safe to do so as per rule 1 and 2.
4. An aircraft must not run out of fuel/range while in flight. If the weather at destination is below minima you must have fuel/range for an alternate, the alternate must not require an alternate itself. (for the stupid carry more for mistakes or errors to avoid compromising rule 1)
5. To go in controlled airspace you need a clearance and must do what they say unless it contravenes rule 1. If there is RADAR, ATC will separate you, if not, you get a traffic service.
6. Drone operators are considered PIC and must not contravene rule 1.
7. Don't fly in cloud unless you have fly in cloud permission. Stay 1000ft vertically and 1500mt horizontal away from cloud otherwise to avoid straying into cloud.
8. Carry a radio dufus, tune into the local frequency, then you can talk to other pilots and aid in rule 1 & 2.
9. Anyone intending to operate an aeroplane must be appropriately trained and competent for what they intend to do, in compliance with rule 1.
10. Private operations are carrying friends/family and related for no financial gain, or airwork above private property or for private purposes that involve no direct remuneration for the service. Commercial operation is anything else.
11. Aircraft must be maintained in an airworthy state, where it would not be foreseeable that the state would lead to an infringement of rule 1.
Last edited by 43Inches; 10th Dec 2021 at 00:08.
Are we getting to the stage that air law in Australia has become so convoluted and involving legal roundabouts that there is no way for the average person to comprehend let alone comply with them? Therefore the whole legal framework is basically unusable now, with no simple explanations and workings of how each rule should be applied it's almost to the stage that anarchy can occur as no-one has any idea what the rules are talking about.
Man Bilong Balus long PNG
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I made the following quoted post in another thread back on 30th September and I feel it is worth quoting here;
finestkind posted
I replied;
finestkind posted
One of these was whilst training a chap who happened to be a Barrister ( with obviously too many spare neurons) and going through CAO, CAA and the ABC’s said Barrister made the comment “I can hardly decipher this sh*T.
Precisely! A Lawyer aquaintance of mine once had a need to go through the old ANO and ANR documents (quite some years ago, obviously) and he made the observation that 'You need to have a legal background to even begin to understand some of this sh*t...'
He also pointed out several direct contradictions in the ANR's.
His parting comment was that they were obviously written by a Lawyer who specialised in legalese and pettifoggery!
He also pointed out several direct contradictions in the ANR's.
His parting comment was that they were obviously written by a Lawyer who specialised in legalese and pettifoggery!
Last edited by Senior Pilot; 11th Dec 2021 at 10:13. Reason: Fix quote
