facthunter Posted April 12, 2011 Posted April 12, 2011 Thanks John for the info. It's certainly been a long trek. Strict liability. It IS a very punitive system. Yenn, and I find it so in-principle right through, but, Where did you get the concern that while descending ( or climbing ) to take up a required level due cloud or track change or whatever, you would be in a position to be prosecuted because of having to pass through other levels while doing so. There is no other way to get there. There is room to discuss all of this too. and I am all for it. How long would you have to get on to the new cruise level.? Sometimes a suitable level is not available due aircraft performance, cloud cover,terrain,etc. You as the PIC must at all times put the safety of your ( and other) aircraft as a top priority. Sometimes rules may be in conflict. Which one has priority? Common sense should prevail but does it? Nev
turboplanner Posted April 12, 2011 Posted April 12, 2011 Yenn, here's a link which partially explains Strict Liability http://www.lawhandbook.sa.gov.au/ch10s03.php
John Brandon Posted April 12, 2011 Posted April 12, 2011 Those who are interested in trends in enforcement by RAAOs and strict liability might read this proposed ASRA by-law: ASRA Enforcement Scheme 2011 ASRA (By-Law 2010-01) http://www.asra.org.au/documents/2010-01_ASRA_ByLaw.pdf cheers John
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