Recommendation Date
Recipient Name
CAA
Text
On 1 February 2016 the Commission recommended that the Director of Civil Aviation review the use of 'should' in advisory circulars so that any ambiguity regarding compliance requirements is removed
Reply Text
In our letter of, 29 November 2015, we advised that Advisory Circulars contain information pertaining to an acceptable means of compliance. The key point we sought to make is that an Advisory Circular does not describe the only means of compliance with the requirements of a Rule (although there are some exceptions, such as particular performance standards for specified equipment).
While the Director appreciates the point the Commission is making in its recommendation - that is avoid un-intentional ambiguity - it is not appropriate for him to accept the recommendation as worded. Advisory Circulars have a specific role within the civil aviation system. The Director wishes to maintain the flexibility that Advisory Circulars currently provide (in particular with respect to Rules that are more performance based as opposed to those that are prescriptive in their design). That said, the Director does accept the point that care should be taken to ensure that Advisory Circulars are clearly worded, and do not create confusion.
While the Director appreciates the point the Commission is making in its recommendation - that is avoid un-intentional ambiguity - it is not appropriate for him to accept the recommendation as worded. Advisory Circulars have a specific role within the civil aviation system. The Director wishes to maintain the flexibility that Advisory Circulars currently provide (in particular with respect to Rules that are more performance based as opposed to those that are prescriptive in their design). That said, the Director does accept the point that care should be taken to ensure that Advisory Circulars are clearly worded, and do not create confusion.
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