Op 12/28/2019 om 19:25 schreef Roy B.:
Jan:
I do not disagree with your position on rule integrity or compliance.
I disagree that the earlier certification form is clear - if it was
clear it would not have been changed to be more specific. I cannot
comment on reliability of the Dutch NAC, but my own experience with the
South African NAC (which experience is substantial) has been that they
are most exacting. They reexamine everything in the application package
and actually recalculated speed and distance on 2 of my record flights -
overruling the OO's calculations.


I had no contact with the SA NAC on this and I don't think the were
involved until after the record was ratified.
Further more, The SC3 is leading and not the claim form.



But, it remains my thinking that one should not label a flight as
"illegal" nor a record as non compliant with the rules without review of
all of the evidence. That includes the full record package of documents
that were submitted to the officials. Here neither of us have seen the
full record application package, and hence we are guessing at what the
pilot and OO certified to, and guessing about what the NAC officials
passed on, and guessing what people were "aware of" or why they acted as
they did. That seems to me to be unfair and unwise - especially after 4
years.
ROY

I am not Guessing at anything. I had contact with Dutch NAC and FAI
about thisissue and got only the obvious silly answers I described in my
first posting.
Further more, everyone is able to find out that the flight was illegal.
The SA rules are on the web, the IGC-file is on the web and the SC3 of
2016 is on the web. You do not need anymore. Maybe you could think the
plane was night equipped, but it is not. I know the plane and it has no
landing lights or nav lights and it is certified for vmc operation only.
In Holland they have no GPL with IF-rating anymore and you need that for
night operations in Holland.

Again, why would a NAC tell me that if you land at xx:43:55 you are
still in the 43 th minute? That is bull**** and it means that they had
no better answer.

Why would the FAI tell me that a few minutes to late is ok if they know
that its making a flight illegal according the SA law? It means they had
no better answer.

Why would the FAI tell me that the OO may establish the actual sunset
time while the SA law says it has to be taken from the official SA
tables? This means they had no better answer.

All these obvious nonsense leaves me very uncomfortable.
We should really ask ourselves if we want to go in this direction and
deliberately create grey areas on points that are crystal clear.