Todd, I think we are beginning to mix the question of is an outlanding an
emergency an when should an emergency be declared. Please see below:

"Todd Pattist" wrote in message
...
"Ivan Kahn" wrote:

Here's a thought - how do you think the FAA would view a pilot who
routinely
puts himself into a position in which he must declare an emergency?

I don't see that the FAA's concerns about the pilot affect
whether an outlanding justifies deviation from an FAR.


The point I am trying to make is that IF you view an outlanding as an
emergency, then the FAA will rightly take a dim view of any pilot who
routinely put themselves into such a position. "Declaring" an emergency is
certainly recommended if you need to deviate from the FARs. .


A
landout is not an emergency, in my view it is just a landing at a
location
other than an established airport.

You are ignoring the most important facet of the question -
the pilot's intent.


Again, see above - if every outlanding is by definition an emergency the FAA
will take a dim view of that.

Assume a small dirt field inside the edge of some FAR
prohibited or controlled airspace. If you take off with the
intent of entering that airspace and landing in that field,
you are violating an FAR and can lose your license. If you
did not intend to land there, but do so because there is no
lift, you were justified in deviating from the applicable
FAR to the extent required for safety under FAR 91.3.



In your example, declaring an emergency in this case is needed because you
need to deviate from an FAR - but not because you are simply landing out.