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  #102  
Old August 21st 03, 02:44 AM
Tarver Engineering
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"C.D. Damron" wrote in message
news:RqV0b.213070$uu5.38577@sccrnsc04...

"Steven P. McNicoll" wrote in message
k.net...

You make it sound like there's an option. The military adheres to
applicable FARs because they are required to do so.


Military pilots adhere to FAR's because they are ordered to adhere to

FAR's.
They are held accountable by their command, not the FAA.

While there is some statutory ambiguity, in practice, there is no

ambiguity.

Even the Statute refers only to ATC. Not some "applicable FARs".

You can't just cite the law and ignore how it has been interpreted by
government agencies, the military, and administrative law courts over a
number of decades. If you ignore how the law has been applied, you can
reach some stupid conclusions, based on the letter of the law.

Only in a couple of cases where the FAA threatened to pull the tickets of
military pilots has the FAA asserted itself in this area. Even in these
cases, the FAA backed down.


FAA is now prohibited, by adminstrative law, from sanctioning Miilitary
pilots in any way.