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#131
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Radio Procedure - Runway ID
Howdy!
In article .net, Steven P. McNicoll wrote: "Michael Houghton" wrote in message ... I'm puzzled as to why you ask this question, as it does not follow from anything I've said. It presumes words that I did not write. Well, then, somebody must be adding things to your messages. I spoke of the AIM having "force" (quotes included), and that it is generally taken a prescriptive. Nowhere did I use or imply the word "regulatory" - a word you introduced into the discourse. Your question was nonsensical unless you were implying that I was claiming that the AIM had any regulatory force. Of course, by removing all the context, you make your snappy comeback look like content-lite picking at made-up-things. yours, Michael -- Michael and MJ Houghton | Herveus d'Ormonde and Megan O'Donnelly | White Wolf and the Phoenix Bowie, MD, USA | Tablet and Inkle bands, and other stuff | http://www.radix.net/~herveus/wwap/ |
#132
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Radio Procedure - Runway ID
"Michael Houghton" wrote in message ... I spoke of the AIM having "force" (quotes included), and that it is generally taken a prescriptive. Nowhere did I use or imply the word "regulatory" - a word you introduced into the discourse. Your question was nonsensical unless you were implying that I was claiming that the AIM had any regulatory force. The word "force" in this context implies "regulatory". I suggest you avoid using words you do not understand. |
#133
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Radio Procedure - Runway ID
The word "force" in this context implies "regulatory".
And the AIM does have regulatory force. It just doesn't have irresistable regulatory force. Neither of course do the FARs, but they are a bit less resistable. Jose -- Money: what you need when you run out of brains. for Email, make the obvious change in the address. |
#134
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Radio Procedure - Runway ID
"Jose" wrote in message ... And the AIM does have regulatory force. It just doesn't have irresistable regulatory force. Neither of course do the FARs, but they are a bit less resistable. The AIM itself says it is not regulatory. Is the AIM wrong? |
#135
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Radio Procedure - Runway ID
The AIM itself says it is not regulatory. Is the AIM wrong?
It is not regulatory. However it does have (some) regulatory force. If the AIM's statement is supposed to mean "has no regulatory force" then it is wrong. Just like the SS number is not supposed to be used for ID. Jose -- Money: what you need when you run out of brains. for Email, make the obvious change in the address. |
#136
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Radio Procedure - Runway ID
"Jose" wrote in message .. . It is not regulatory. However it does have (some) regulatory force. If the AIM's statement is supposed to mean "has no regulatory force" then it is wrong. Just like the SS number is not supposed to be used for ID. What regulatory force does the AIM have? |
#137
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Radio Procedure - Runway ID
"Steven P. McNicoll" wrote:
It is not regulatory. However it does have (some) regulatory force. What regulatory force does the AIM have? Clearly the AIM (or any Advisory Circular) is not a Regulation. However, FAA can use the AIM or such to support say a reckless operation FAR violation. The pilot was operating unsafely, because we clearly explain how to do things safely in an advisory document. All fed agencies do this, not just FAA. The AIM can thus been quoted even in a federal court decision, typically in a footnote, to either support or set aside FAA's argument that an FAR was violated. Fred F. |
#138
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Radio Procedure - Runway ID
What regulatory force does the AIM have?
I believe it has all the regulatory force given to it by the FAA in its enforcement actions. This is compounded by the "careless or reckless" clause, where the FAA can say that not following the AIM is careless and reckless. I would also be interested in seeing actual cases where the AIM was cited in an enforcement action (or sufficient evidence that it has never been cited), so that my belief one way or the other is backed by actual fact rather than heresay. But my point is not that it has "the force of law" but that it has "force in the law", which is sufficient. Jose -- Money: what you need when you run out of brains. for Email, make the obvious change in the address. |
#139
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Radio Procedure - Runway ID
"TaxSrv" wrote in message ... Clearly the AIM (or any Advisory Circular) is not a Regulation. However, FAA can use the AIM or such to support say a reckless operation FAR violation. The pilot was operating unsafely, because we clearly explain how to do things safely in an advisory document. All fed agencies do this, not just FAA. Can you give me an example of a practice, technique, procedure, etc., from the AIM that if not adhered to would demonstrate operation of an aircraft in a careless or reckless manner so as to endanger the life or property of another? The AIM can thus been quoted even in a federal court decision, typically in a footnote, to either support or set aside FAA's argument that an FAR was violated. I think there's a typo or two in that sentence. Are you saying AIM has been quoted in a federal court decision to support an FAA argument that an FAR was violated? Can you cite such a case? |
#140
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Radio Procedure - Runway ID
"Jose" wrote in message .. . I believe it has all the regulatory force given to it by the FAA in its enforcement actions. This is compounded by the "careless or reckless" clause, where the FAA can say that not following the AIM is careless and reckless. What regulatory force does the FAA give the AIM in it's enforcement actions? Can you give me an example of a practice, technique, procedure, etc., from the AIM that if not adhered to would demonstrate operation of an aircraft in a careless or reckless manner so as to endanger the life or property of another? |
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