Originally Posted by
sailingfun
I won't answer each post but FAR's are not the contract. ...I can't even grasp why someone thinks that FAR's modify the personal working agreement. They never have and never will unless we write that into the contract. You as a pilot are responsible for complying with all FAR's. You should also comply with the contract however many pilots wave this if it suits them. Again however the contract is a stand alone document.
Maybe I do not follow your point, because I agree that a pilot is responsible for compliance with the FAR's and the contract. I am not sure a pilot can waive the contract, in as much as the pilot does not actually represent himself (ALPA does) and technically is not able to amend the PWA unilaterally. Of course we know there is a great deal of looking the other way that makes any relationship function, but I think you were making a technical distinction, so, if we are getting all technical ... yes regulation can modify a PWA.
Contracts exist under the law. No contract is enforceable to the extent that it violates regulation. Regulation always supercedes a contract. In this case the regulation is more limiting than the contract and the contract triggers a response to the regulation.
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contract legal definition of contract. contract synonyms by the Free Online Law Dictionary.
Not the best explanation, but about as good as anyone is going to get this time of day
