Surely a court would apply "The Mischief Approach" (The intent of the
Legislators).
I interpret the rule as meaning each glider flies at the centre of it's own
200' sphere which no other glider should enter.
Or alternativly, each glider flies at the centre of it's own 100' sphere,
the sphere never to intersect with the sphere of another glider. A bit like
bubbles from a child's bubble pipe.
I wonder whose obligation it is to adjust or flee the situation, the enteror
or the enteree? :-)
A rule such as this should be written in such clear terms that discussion
such as this should never arise.
Chris McDonnell
----- Original Message -----
From: "Ken Dawber" <[EMAIL PROTECTED]>
To: "Discussion of issues relating to Soaring in Australia."
<[email protected]>
Sent: Saturday, June 18, 2005 5:35 PM
Subject: [Aus-soaring] 200 feet separation
Unfortunately, its not always the intent of a rule that is taken when a
rule is looked at in a court of law. What the rule actually says is
often given more weight.
With the current separation rule as shown below, ie. "200 feet
vertically AND horizontally" then we glider pilots are required never to
fly at the same height as another aircraft, regardless of horizontal
separation!!!!
Once one aircraft is up in the air, no other aircraft can get higher
than that aircraft without breaking this rule!!
Shouldn't that 'and' be an 'or'. We only need to be separated by the
vertical separation OR the horizontal separation, not by both.
Regards
Ken Dawber
Christopher H Thorpe wrote:
Mike's comment is correct and remains so. GFA Operational Regulations -
Section 9.22 states:-
"A sailplane shall not be flown so close to another aircraft as to
create a
collision hazard. GFA requires that a separation from other sailplanes,
and
tug aircraft towing sailplanes, of at least 200 feet vertically and
horizontally be maintained."
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