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).

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).

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.

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).