IMCR wrote:Yes, I know, that is almost what I said.
The ANO is law, but the response to an infringement comes from the "discretionary" powers vested by Parliament in the CAA - does it not? In other words if the CAA decided that every infringer would receive a pink pair of knickers in the post for a first offence to be worn at all times when P1, that would be within their powers (I joke of course). My point was therefore that when the CAA alone decide on the response to an infringement (how, why and were) the response needs to be especially carefully considered, which I am sure it is, as it hasnt been subject to any other scrutiny other than that undertaken by the CAA - hence why the CAA might request a legal opinion that their response was legally safe?
But it can be subject to other scrutiny, by asking to take it to the Courts? Also, the Military Aviation Authority sit on the ICG Panel and they work to a different Secretary of State - so there is some shared oversight. Plus, the CAA’s Investigations and Enforcement Team sit on that panel - they are very UK Law savvy (as they have to be to get safe prosecutions for various ANO offences). Further, there is no evidence that the CAA are acting outside of their powers as set out in the UK ANO.
Honestly, enough now please. You do the wider GA community no favours with this and it’s all getting a bit silly in my opinion. If you want official and formal responses to your questions then please use the FOI links that I posted or at least have that chat that @Cub kindly offered. Or would you rather sit behind the anonymity of your IMCR name and just keep throwing peanuts in the fan??
I’m pretty much done on this subject for now