I note the PAIN associates have generated a long string of emails which I have diligently ploughed my way through; all related to the class of operation and the implications of classification for those on board. There is only one way to describe the arguments, pro and con – they should not be occurring.
What the arguments demonstrate was summed up by the MConvict – 206 is bad law. It has been bad law awaiting rectification since circa 1998. It is still bad law to this day. It is typical of the unholy mess CASA have created in their vainglorious, amateurish, bumbling quest for 'regulatory' reform. CASA have no intention of fixing the problem, the many escape paths and wriggle room for legal eagles make it an irresistible garden, in which to grow embuggerance.
This should have been a simple matter, Medi-vac flight under Part XYZ, those involved insured either as essential crew members or passenger. Hell, the way it stands BC husband was probably illegal, but who would know. The operation was 'commercial' – as in not for free. The doctor and nurse were not volunteers but paid, essential crew. The flight crew were paid to be there. It should not be so unclear that a Supreme court Judge must hear and rule on a complex matter, five years old, which involves multiple layers of legal contradiction, designed, capable and being argued down to the last comma in a sentence.
This is why bad law needs to be sorted, never mind charter or airwork – it was a commercial operation, employing professionals to ensure the safety of the passengers. The rest is just semantics generated by a deliberately structured rule set which removes CASA from all responsibility and provides a screen behind which lawyers may whisper and plot.
Too little, too late, too long, too complex, too expensive and far too much bull shit. The whole thing, as disgusting as it is dishonest now as it was 25 years and $250,000,000 ago. Now tarnished and poorer, no closer to resolution now than it was a quarter century ago.
Selah.
What the arguments demonstrate was summed up by the MConvict – 206 is bad law. It has been bad law awaiting rectification since circa 1998. It is still bad law to this day. It is typical of the unholy mess CASA have created in their vainglorious, amateurish, bumbling quest for 'regulatory' reform. CASA have no intention of fixing the problem, the many escape paths and wriggle room for legal eagles make it an irresistible garden, in which to grow embuggerance.
This should have been a simple matter, Medi-vac flight under Part XYZ, those involved insured either as essential crew members or passenger. Hell, the way it stands BC husband was probably illegal, but who would know. The operation was 'commercial' – as in not for free. The doctor and nurse were not volunteers but paid, essential crew. The flight crew were paid to be there. It should not be so unclear that a Supreme court Judge must hear and rule on a complex matter, five years old, which involves multiple layers of legal contradiction, designed, capable and being argued down to the last comma in a sentence.
This is why bad law needs to be sorted, never mind charter or airwork – it was a commercial operation, employing professionals to ensure the safety of the passengers. The rest is just semantics generated by a deliberately structured rule set which removes CASA from all responsibility and provides a screen behind which lawyers may whisper and plot.
Too little, too late, too long, too complex, too expensive and far too much bull shit. The whole thing, as disgusting as it is dishonest now as it was 25 years and $250,000,000 ago. Now tarnished and poorer, no closer to resolution now than it was a quarter century ago.
Selah.