Fundamentally, in AU, if you get into a mayday area, you must have breached a regulation, most likely a strict liability CAR/CASR, and as we have seen, fear of prosecution all too often overrides the need to call for help. Similarly, avoidance of a breach of regulations for fear of the consequences, has precluded what would have obviously been a preferable flighpath for an aircraft in trouble.
Sadly all too true. For the life of me I don't see why the need for a rule as to when a PAN or MAYDAY is required, outside what was the guidance previously given. The pilot is/should be the one who will decide if burning into reserve constitutes an issue in the particular circumstance with which he/she is faced. Not talking RPT, but GA using nouse.
Example. Used to do sling loading in a helo and on a certain task it was only possible to lift the load by burning into what was mandated reserve. Naturally not done without thought, transit was from a barge in a river to the bank, all of two hundred yards.
Flying in from offshore, CAVOK, no wind, VFR aircraft, coast and destination in sight, when unforecast wind is seen on the water, GS slowed to a crawl, and went from arriving home with reserve intact to finally landing with a couple of decimal points less than ten minutes. Always had the option of turning around, running with the wind, and landing on a haven immediately behind, or on reaching the coast, being a helo, in a paddock. Safety was never in doubt. So why a MAYDAY with all the embuggerance? Unlike the average GA aircraft with fuel gauges of extremely doubtful accuracy, had the benefit of a capacitance system of great accuracy and low level lights.
Is anyone able to cite a fuel exhaustion GA event where declaring a PAN or MAYDAY would have provided succour?