On Thu, 31 Aug 2006 13:43:51 -0500, "Jim Macklin"
wrote:

Then I suggest that you write the FAA and your congressman
to require that the FAA clarify, in the regulations, what
has been the regulation, policy and interpretation of FAR
61.57, so that you're pleased with the resulting text.
Understand that nothing will change, just an expenditure of
a few $100,000 for public hearings, and printing.


Jim: I am done now giving free ground school. How about you?

"Gary Drescher" wrote in message
...
| "Jim Macklin" wrote
in message
| news:JvDJg.6481$SZ3.2118@dukeread04...
| Turn it around...
| example 61.57 a. No pilot may my fly under IFR or in
| conditions less than basic VFR unless they have passed
an
| IPC.
|
| b. Not withstanding a., if the pilot has flown 6 hours
and 6
| approaches within the previous 6 calendar months the IPC
| need not be completed.
|
| Yes, that would be totally different. In your hypothetical
rewriting of the
| FARs, the second clause explicitly states an *exception*
to a requirement
| ("need not be completed"). But in the *actual* wording,
the second clause
| instead explicitly states a *requirement* ("may *not*
serve *unless*").
|
| That's been my point all along: you're trying to construe
a *requirement* as
| an *exception to other requirements*, but the wording
doesn't express an
| exception. Your hypothetical rewriting is actually a good
illustration of
| how an exception would be worded; that wording is
precisely what's missing
| from the actual FARs in question.
|
| Gary, we have been doing this IFR thing for over 30
years
| and we have taken many checkrides from the FAA for part
141
| and 135 [and other parts] and this is a question that is
| always covered.
|
| As I have explained many, many times, that just tells us
what the FAA's
| position is. But I've never disputed what their position
is. I just maintain
| that their position does not match what the FARs say.
Nothing about your 30
| years of experience addresses *that* question. Rather,
that question is
| addressed by analyzing the wording of the FARs, as I have
done here in
| detail.
|
| --Gary
|
|