RCU Forums - View Single Post - Ending mini-lawyering ... is it past time for AMA to require members follow the law?
Old 05-25-2020, 01:36 PM
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franklin_m
 
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Originally Posted by ECHO24
"Shall" is clearly defined there, but it can mean other things in different contexts. This from the FAA gives some
history on the subject and current usage,
https://www.faa.gov/about/initiative...les/mandatory/

"Nearly every jurisdiction has held that the word "shall" is confusing because it can also mean "may, will or must."
Legal reference books like the
Federal Rules of Civil Procedure no longer use the word "shall." Even the Supreme
Court ruled that when the word "shall" appears in statutes, it means "may."
It works in NATOPS because it's so clearly defined. The word chosen doesn't matter so much as making sure the definition is stated and use consistent. Whatever the FAA considers for "mandatory" would be the best word to use. USA, USAF, and USN aviation aligned on "shall" decades ago, so they've retained it for all their manuals.

I just want the AMA to decide to follow the law. It has the advantage of being an approach they've not tried yet!