Originally Posted by
wnafly
Hi all,
can anyone point me in the direction of a CASR reference regarding the PIC being allowed to vary regs/procedures/limitations if they deem it necessary in an emergency?
Also, CAR 235 used to talk about landing overweight being prohibited, but it was a defence to prosecution if it was done in an emergency situation. Looking for a CASR equivalent for that too…
many thanks
As mentioned,
91.690 says the PIC must report any contravention of CASRs in the course of handling an emergency, to CASA in "the approved form" within 2 days. It does not imply authorisation to contravene or vary anything however it does contain the wording
"the emergency requires the pilot flying the aircraft to take action that involves a contravention of a provision of these Regulations..."
I take it from that CASA is at least aware that every situation must be assessed on its merits and that the CASRs cannot possibly cover every situation (although I understand that they've given it a red hot go over the last 30 years), therefore it is possible that in the act of dealing with an emergency some rules may be broken. They just want to know about it. At least that is my glass half full interpretation.
There is also
91.090 and
91.095 which deal with airspeed limits of the MOS and operating the aircraft within the AFM parameters, neither of which imply that these do not apply in the case of an emergency. I imagine that overweight landings would fall under the latter, if the AFM explicitly outlines overweight landing procedures for your type.