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"Jim Macklin" wrote in message
news:jBIVf.877$t22.865@dukeread08... "Jose" wrote in message . .. "Gary Drescher" wrote in message ... The current AIM (7-1-23) explicitly states that "forecast icing conditions" are *not* "known icing conditions": Has there been a case yet where the FAA has agreed with this definition in an enforcement action? The AIM is NOT regulatory nor official legal doctrine. The AIM seems to be logical and reasonable, but I think there needs to be an official FAA legal opinion stated. The AIM is not regulatory, but the FAA does tell pilots to use the AIM's information to understand their regulatory responsibilities. I'm not aware of any relevant case law since the adoption of the definitions I cited. But it would constitute blatant entrapment for the FAA to instruct pilots to interpret official terminology in a particular way, and then bust them for complying with that instruction. (Appeals courts may defer to the FAA on the interpretation of the rules, but *not* on questions of due process; and entrapment is a serious violation of due process.) This question has come up here before, and no one has been able to cite any case, ever, in which the FAA has even *tried* (let alone successfully) to bust someone for complying with the AIM. So I don't think the possibility is worth worrying about, but of course everyone needs to evaluate that for themselves. --Gary |
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