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Old December 16th 05, 05:11 AM posted to rec.aviation.ifr,rec.aviation.piloting
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Default Flying through known or forecast icing

Gary Drescher wrote:

George, what evidence do you have that that's the sole basis on which an
administrative court will overrule the FAA?


Sorry, I meant the appeals court. Recent cases mentioned in Yodice's column in
AOPA Pilot. To quote, we have "But the FAA appealed the NTSB's decision to the
Court of Appeals, which held that the NTSB must defer to the FAA's
interpretation" and "you can expect that the NTSB will be bound to defer to the
FAA's interpretation of your conduct as a violation of the FAR, unless you are
prepared to show the FAA's interpretation to be arbitrary, capricious, or illegal."

This was added to the legal statutes in 1994.

George Patterson
Coffee is only a way of stealing time that should by rights belong to
your slightly older self.