MPA
Elite Veteran
Location: Australia
My Posts This: Topic Forum | Patrick, if they follow the Oz route, and at the same time state that there is no exclusion for smaller craft, they are lying to the FAA.
They have told a ship load of porkies in the past and will do it again, they woukld play the FAA like a Harp if they could, they played a few tunes on CASA.
The regulations here do allow us an exclusion of any aircraft up to 25Kg, it is complicated to some to calcuate what our applicable weight is in 101 rewgs, but it is all there and quite specific.
CASA uses this complexity to baffle people with bull and get away with the informal position they have.
But cornered on it, they admit it is just a decree of theirs not the law, and brought about by a CASA lawyer.
That is, CASA informaly states outside of the written regulations to ignore this exclusion written into the regs.
They say to others they have conned that there is no such exclusion.
They make threats to us not to operate, but they have no grounds to prosecute any of us if we cite the fact we operated under the 101 regulations as it is written,
If they do go on and prosecute anyone of us they risk one of us bringing a silk to court (QC) to blow their position they currently take as not legally substantiuated.
They could face litigation as a result of loss of profit from many who where banned from operating over the last 4 years, like me.
There is no written statement that confirms their verbal position, there is nothing written that would show it was done by any CASA administrative action.
In court, it would be heresay unless they produce such documents to substantiate their position that the regs of their chosing should be ignored, which is what their current position is..
Cant find anyone that can get this in writing from CASA.
When I asked I was promised it, yet nothing ever came and that was about 3 years ago.
If the FAA beleives these used car salesmen about Oz regs, they might get a shock later when it is proven in a court somewhere in Aus that CASA was wrong, and much fecal matter hits rotating blades.
You need to make it know that CASA does not actually administrate the operations according to its own regs, but to some non written informal verbal decree that could turn into vapour anytime CASA chooses to drop it.
Right about then the FAA could be wishing it looked to the UK example rather than Australia.
Cheers
Dave |
