Tag 122 relation to tag 43 in fix 4.2

Imported from previous forum

Hello All,
I have a question about the use of tag 122 .

As per fix spec definition of tag Tag 122 :
Original time of message transmission (always expressed in UTC (Universal Time Coordinated, also known as “GMT”) when transmitting orders as the result of a resend request.

As per Fix 4.2 tag 122 is not mandatory, however tag 122 is expected to be present for all re transmissions where tag 43=Y.
Tag 122 is be used for stale order checks for re transmissions.

In cases where application is sending re transmissions messages which is NOT a result of resend request ,we would get 43=Y and 122 MAY NOT be present as the client system does not need to populate 122 as this message is not a result of a resent request.

In such a scenario the stale order check will be done using tag 52 which would be incorrect as this should be checked against 122 (which in this case is missing).

I am wondering why FIX 4.2 has not marked 122 as CONDITIONAL REQUIRED when tag 43=Y?
Can you please let me know if 122 marked as NOT MANDATORY is a mistake and if this can be changed to CONDITIONAL REQUIRED when tag 43=Y ?
If not,what is the best way to deal with stale order checks when 43=Y and 122 is missing (Using tag 52 for stale order check will not be correct as it will be the latest time stamp the message was transmitted)?

Thx,
Sid