Credulity – Slightly stretched? - Just a bit.
P2 - "Q/ Coming back to the Gobbitt decision letter, one wonders why he didn't at least release the SFR, that is legally required to be forwarded to and signed by a CASA delegate assigned with the carriage of making an individual enforcement decision, that should have accompanied the Greg Hood original (24 December 2009) decision to suspend the DJ FCL?"
You could expect a fair percentage of pony-pooh to be contained in almost any ‘correspondence’ from CASA; they can’t seem to break wind without transmogrifying it into fully legally prescribed act of nature, with definitions, references and two paragraphs of wriggle room. It is simply the tiresome, self important, defensive nature of the beast; but…One has to draw the line somewhere and this current happy horse shit about ‘unsigned’ documents being ‘legal tender’ is way, way over the top. There is a clearly defined process and sound legal reasons for a document to be ‘signed’ (and dated). Simply stating that the ‘intent’ justifies an ‘unsigned’ howler turning up by pigeon post is bollocks.
Try to cash an unsigned cheque; or, just for fun don’t sign any flight associated ‘paper work’ like the MR. Can you imagine turning up in court and saying to the judge – “Well M’lud, my intention was to accept the legal responsibility as the Captain; surely that should satisfy the requirements”. “Furthermore, under legal professional privilege, I refuse to show the court any document, not fully redacted, which may indicate that I acted illegally – I do have the right to remain silent: thank you." You then sit down with a self satisfied, smug expression which lasts for the whole five seconds it takes the Judge to find the key to your cell, throw it away and call for the men in white jackets to come and take you away.
Toot toot.
P2 - "Q/ Coming back to the Gobbitt decision letter, one wonders why he didn't at least release the SFR, that is legally required to be forwarded to and signed by a CASA delegate assigned with the carriage of making an individual enforcement decision, that should have accompanied the Greg Hood original (24 December 2009) decision to suspend the DJ FCL?"
You could expect a fair percentage of pony-pooh to be contained in almost any ‘correspondence’ from CASA; they can’t seem to break wind without transmogrifying it into fully legally prescribed act of nature, with definitions, references and two paragraphs of wriggle room. It is simply the tiresome, self important, defensive nature of the beast; but…One has to draw the line somewhere and this current happy horse shit about ‘unsigned’ documents being ‘legal tender’ is way, way over the top. There is a clearly defined process and sound legal reasons for a document to be ‘signed’ (and dated). Simply stating that the ‘intent’ justifies an ‘unsigned’ howler turning up by pigeon post is bollocks.
Try to cash an unsigned cheque; or, just for fun don’t sign any flight associated ‘paper work’ like the MR. Can you imagine turning up in court and saying to the judge – “Well M’lud, my intention was to accept the legal responsibility as the Captain; surely that should satisfy the requirements”. “Furthermore, under legal professional privilege, I refuse to show the court any document, not fully redacted, which may indicate that I acted illegally – I do have the right to remain silent: thank you." You then sit down with a self satisfied, smug expression which lasts for the whole five seconds it takes the Judge to find the key to your cell, throw it away and call for the men in white jackets to come and take you away.
Toot toot.