Originally Posted by
PENKO
We are also discussing the legality of an EOSID, see the question in the title. So I commented on the notion that a PAN does not allow you to deviate from the route.
I fully agree with you, as you can read in my prior posts, that your intentions should be made clear as soon and as urgently as required, but I question the assertion that a MAYDAY would allow you to do more than a PAN. PAN and MAYDAYs are (very effective) attention getters, not legal vehicles.
ICAO ANNEX 10
5.3.1.1 Distress and urgency traffic shall comprise all radiotelephony messages relative to the distress and urgency conditions respectively.
Distress and urgency conditions are defined as: a) Distress: a condition of being threatened by serious and/or imminent danger and of requiring immediate assistance.
b) Urgency: a condition concerning the safety of an aircraft or other vehicle, or of some person on board or within sight, but which does not require immediate assistance.
Pan and mayday are well-defined distress and urgency signals with a specific meaning, hence legality is a factor when opting for one or the other.
Originally Posted by
PENKO
If, like in your ‘Paris at 9AM’ scenario you think a MAYDAY is the best way to get the necessary attention from sub standard controllers, then by all means. But isn’t that subject to your trust in the Paris controllers, and not per se the legality of a MAYDAY call? Exactly the same legal outcome can be achieved with a PAN call: PAN PAN, PAN PAN, PAN PAN, engine failure, flying straight ahead for twenty miles, standby for further intentions.
What has the trust in Paris controllers to do with the subject?! Paris controllers, like any controller in the world, expect pilots to comply with clearances in order to organize a smooth traffic flow, so communicating intentions is important for Your safety and the safety of other airplanes in the area.
If You deviate from your clearance (SID) to fly your EOSID it means you require immediate assistance, otherwise you would just keep flying your SID or coordinate other routings with ATC. You can't just start turning all over the airspace and pretend people will read your mind on what your intentions are.