[Peetwo]

Latest on the flat earth society & Part 91 -

Cribbed from the UP: https://www.pprune.org/pacific-general-a...st10119954

LeadSled - Folks,

The drafting of Part 91 (and so much other aviation regulation) in the "negative" guarantees confusion and the creation of "inadvertent criminals".

There is no good reason for this, other than CASA choice, you take a topic, write a regulation to ban it, then follow with a string of exception, usually with multiple cross references to grossly increase likelihood of misunderstanding.

If the same "regulation" was written in the positive, what you can do, it would be far more straightforward to understand.

Then we get to the poor quality of the actual drafting, and this leaves so many avenues to argue what you can actually do.

Tootle pip!!

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andrewr - Some of the rules seem a bit overdone.

91.275 Aircraft to be flown under VFR or IFR
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if,
at any time during the flight, the aircraft is not flown under the VFR or IFR.
(2) A person commits an offence of strict liability if the person contravenes
subregulation (1).
Penalty: 50 penalty units.

I don't even know how to contravene that rule.

91.445 Additional right of way rules
Aircraft with right of way to maintain heading and speed
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if,
during the flight:
(a) there is a risk of collision with another aircraft; and
(b) the aircraft has right of way over the other aircraft (in accordance with
regulation 91.440); and
© the aircraft’s heading and speed is not maintained until there is no longer a
risk of collision.

Really? I fly a slower aircraft, quite often I will modify heading and/or speed to allow a faster aircraft to go in front even if I have right of way. Is that forbidden?

(1) A person who fuels an aircraft contravenes this subregulation if a requirement
mentioned in subregulation (2) is not met.
(2) The requirements are the following:
(a) at all times during the fuelling, at least 2 fire extinguishers:
(i) must be on the fuelling equipment or positioned at a distance of not
less than 6 m and not more than 15 m from the fuelling point; and
(ii) must be readily available for use by the person;
(b) each fire extinguisher:
(i) must be of a type and capacity suitable for extinguishing fuel and
electrical fires;

At least 2 fire extinguishers between 6 and 15 metres from the aircraft? Anyone know what capacity is considered suitable for extinguishing fuel fires?

I can see why you would set standards for someone who provides refueling facilities, and why you might have rules to protect bystanders etc. but if you set your aircraft on fire while refueling and the closest extinguisher is 25m away surely it's your problem? Do we need a 50 penalty unit offence?

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Lead Balloon - What a God-awful mess. The machine is broken.

I’d not usually look at any of the dross trotted out as draft aviation “safety” regulations these days, but andrewr’s cut and paste had me shaking my head in disbelief.

91.275? What do I say? Might as well make it an offence if you do not fly an aircraft during the hours of daylight or darkness. Gotta be at least 10 years in gaol for that.

Right of way rules? I can count on the fingers of one hand the number of times they’ve made an operational difference in over 30 years of flying. I do trust that the millions spent on reproducing the COLREGS in domestic law, again, will be worth it.

Fire extinguishers and refuelling? I’ve looked at the draft and, as far as I can tell, the rule quoted by andrewr applies to all Australian aircraft (as defined) in Australian territory. I’m disturbed to note that my dangerous behaviour has included never having had 2 fire extinguishers positioned anywhere during refuelling. And it won’t in the future. I’m disappointed to have been forced into a life of crime.

I’ve seen reference to simulating engine failures and “shut down”. I don’t have the energy.

To quote the Spodman once again: May Jesus pee in bucket, what are these wombats on?

 

MTF? - Hmm...no doubt - P2