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Old October 7th 06, 04:37 AM posted to rec.aviation.piloting
Jose[_1_]
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Sorry Larry and Jose, but there's at least one case which is similar in
facts to that which transpired between Jay and his friend and the FAA lost
the case on appeal:

http://www.ntsb.gov/alj/alj/O_n_O/do...ation/4791.PDF


The fact that it had to be appealed in the first place makes my point.
Since each case is always different, the FAA can convict the next pilot
(since it "interprets" its own rules, and we now know how it will
attempt to do so), and it will be up to that pilot to appeal too. Maybe
he'll win, maybe not. He will definately pay in time and trouble, and
probably money unless his lawyers work for free.

It should never have come up in the first place. What we need is a way
to appeal a case and trounce the FAA at the same time, so they never do
something like that again.

Jose
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