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Old 08-25-2010, 01:35 PM
qpw3141 qpw3141 is offline
Join Date: Jul 2010
Posts: 757
Originally Posted by Richard Pearse View Post
I'll explain more about the document. It's not a regulation as such. The rules of the air in Australia are set out in a number of regulations. These regulations often have get out clauses such as "unless authorized by the Authority...". One of the means for the Authority to authorize various things and to expand on the regs is the AIP which is a manual for pilots that provides a mixture of mandatory practices based on the rules, recommended practices, and general information of use to pilots. It is this AIP that has the fuzzy language such as "should". Although it is tied in to the rules it is probably not the type of legal document you guys are thinking of.
I suspect that's common with aviation legislation.

Because virtually any rule can be broken if necessary to ensure the safety of the flight they probably steer clear of 'shall' for situations where the rule can legally be broken for safety reasons.

It's a long time since I did my Air Law exam but I'll try and dig out some of the texts.