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Old May 13th 05, 12:34 PM
Gary Drescher
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"George Patterson" wrote in message
news:E2Vge.4953$1f5.4341@trndny01...
Gary Drescher wrote:

The written immunity policy does not provide for any exception concerning
ADIZs.


No, things work the other way 'round. The rules about the ADIZ provide for
an exception to the immunity policy. Violate it, you get a suspension.


If the government explicitly says "I promise you immunity from sanctions if
you meet conditions A, B, C", and you go ahead and meet conditions A, B, C,
then the government can't turn around and say "But wait! We've also decided
that there's an exception unless you also meet condition D, so we're going
ahead and imposing sanctions". That would just be a blatant violation of the
stated promise; if they could get away with that, then immunity promises
would be meaningless. And as I pointed out, our legal system depends heavily
on the integrity of immunity promises. It's not something the courts would
allow the government to abandon just to impose a minor penalty on some
pilot. So it's not surprising that no one has been able to cite an actual
example where an ASRS immunity promise was broken (due to an accidental ADIZ
incursion, or for any other reason).

--Gary