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#171
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Radio Procedure - Runway ID
On Oct 17, 3:34 pm, Steven P. McNicoll said:
"Please cite a case where someone was charged with acting contrary to the AIM." In response, Todd Pattist wrote wrote "There aren't any." Don't be so quick. Here are some cases that hold that violation of the AIM can be used to charge a pilot with violating his or her duty of ca Management Activities, Inc. v. United States, 21 F.Supp.2d at 1175 (sorry, I don't have the full legal cite for this one, but this cite should help you find it accurately); Dyer v. United States, 832 F.2d 1062, 1069 (9th Cir.1987); First of America Bank-Cent v. United States, 639 F.Supp. at 453; Associated Aviation Underwriters v. United States, 462 F.Supp. 674; and Thinguldstad v. United States, 343 F.Supp. 551, 552-53 (S.D.Ohio 1972). |
#172
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Radio Procedure - Runway ID
How about some links?
I have not been able to find anything about any of the cases you cited. "rps" wrote in message ups.com... On Oct 17, 3:34 pm, Steven P. McNicoll said: "Please cite a case where someone was charged with acting contrary to the AIM." In response, Todd Pattist wrote wrote "There aren't any." Don't be so quick. Here are some cases that hold that violation of the AIM can be used to charge a pilot with violating his or her duty of ca Management Activities, Inc. v. United States, 21 F.Supp.2d at 1175 (sorry, I don't have the full legal cite for this one, but this cite should help you find it accurately); Dyer v. United States, 832 F.2d 1062, 1069 (9th Cir.1987); First of America Bank-Cent v. United States, 639 F.Supp. at 453; Associated Aviation Underwriters v. United States, 462 F.Supp. 674; and Thinguldstad v. United States, 343 F.Supp. 551, 552-53 (S.D.Ohio 1972). |
#173
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Radio Procedure - Runway ID
If you're willing to pay money, try www.westlaw.com or
www.lexisnexis.com. Otherwise, head to a law library with public access. Failing that, ask your attorney to provide copies of the cases. |
#174
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Radio Procedure - Runway ID
I agree. If one looks at the CFR (Code of Federal Regulations) as an
example, once finds notations called "Interpretations" usually at the end of a specific regulation. These have been found to be legal and binding by the courts. If one looks at the AIM as interpretations of the FAR's (and I don't think that is a reach) it seems like one could be held accountable by the FAA, if one were to disregard information found in the AIM. Whether the city of Kodiak could enforce anything written in the AIM and/or the FAR's is another question. Historically States do not specifically enforce Federal law, they usually make their own, but must be less than or equal in severity to Federal laws. (i.e., if there is a Federal ban on executions of criminals, States cannot enact laws to execute people and then actually put them to death.) Tom "rps" wrote in message ups.com... On Oct 17, 3:34 pm, Steven P. McNicoll said: "Please cite a case where someone was charged with acting contrary to the AIM." In response, Todd Pattist wrote wrote "There aren't any." Don't be so quick. Here are some cases that hold that violation of the AIM can be used to charge a pilot with violating his or her duty of ca Management Activities, Inc. v. United States, 21 F.Supp.2d at 1175 (sorry, I don't have the full legal cite for this one, but this cite should help you find it accurately); Dyer v. United States, 832 F.2d 1062, 1069 (9th Cir.1987); First of America Bank-Cent v. United States, 639 F.Supp. at 453; Associated Aviation Underwriters v. United States, 462 F.Supp. 674; and Thinguldstad v. United States, 343 F.Supp. 551, 552-53 (S.D.Ohio 1972). |
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