Say Again #51

"Jose" wrote in message
m...
Who here is willing to bet that a supervisor or a grouchy controller
isn't going to file against them for violating the regs?

In an emergency, you are permitted to... in fact supposed to... violate
the regs to the extent necessary to meet the emergency. It's your call,
but I'd bet my ticket the FAA would back the pilot in that case.

Jose
--
I agree with you Jose, but what is the emergency? Loss of a radio in IMC
when there's a procedure to get you on the ground? I just don't see it and,
although many cite controller opinions on this that violating the procedure
is expected and condoned, I think it dangerous and foolhardy for anyone to
do so. Until the procedure(s) is/are rescinded, I think its unlikely that
you'd convince all your "judges" that you had an emergency situation because
the procedure was inconvenient. As you say, it's your call although that
call could, potentially (unlikely I agree), kill someone.

Jim

I agree with you Jose, but what is the emergency? Loss of a radio in IMC
when there's a procedure to get you on the ground?

Loss of radio IMC at the beginning of a four hour IFR flight from just
south of DC to Islip on Long Island, which would take me NORDO through
or around the ADIZ, the DC Class B, the Philadelphia class B, and the NY
class B, when there's good weather to the southwest of me. I don't know
why the radio failed, I'm cleared to 5000 (tops at 5500), and I don't
know what else might be on the way to transistor heaven.

So, do you turn right and climb another thousand feet, or do you drone
into the wasp nests ahead on a clearance that is almost always changed
six or seven times enroute?

Sometimes is's safe, sometimes it's not. If the FAA lawyers were
aboard, what would they want me to do?

Jose
--
You may not get what you pay for, but you sure as hell pay for what you get.
for Email, make the obvious change in the address.

Jose wrote:



Sometimes is's safe, sometimes it's not. If the FAA lawyers were
aboard, what would they want me to do?

They would hope you have read the AIM as well as the regulation:

AIM 6-4-1. Two-way Radio Communications Failure
a. It is virtually impossible to provide regulations and procedures applicable
to all possible situations associated with two-way radio communications failure.
During two-way radio communications failure, when confronted by a situation not
covered in the regulation, pilots are expected to exercise good judgment in
whatever action they elect to take. Should the situation so dictate they should
not be reluctant to use the emergency action contained in 14 CFR Section
91.3(b).