Originally Posted by
Lead Balloon
A paragraph in an operator's OMA or FCOM (stating the obvious) is not a CAR or a CASR. The OP asked for the CASR, and implied there was a CAR equivalent, that allowed the PIC to vary regs/procedures/limitations if they deem it necessary in an emergency.
Having a potentially available defence to a prosecution for breach of a rule is a bit different - actually, vastly different - to having authority to 'vary regs' when we 'deem it necessary in an emergency'. But I'm mindful that I'm here drifting into legal issues rather than the simple task of location of the requested regulation.
So if you follow company guidance as published in an approved Ops manual, which is approved by the regulatory authority, you aren't protected? Is this what you are suggesting?
The QF and
VB fuel policies don't entirely conform with regulations. But those companies have applied for and received exemption on the basis that they have a policy that provides equivalent safety. Crews operate in accordance with their respective OPS manuals, and not the MOS or CAR. For example. It also means that those company's can maximize commercial load,. Something the MOS doesn't really do.
Anyhoo, this is very far away from what the original poster asked. Sorry for the thread drift.