I’m fascinated by phrases like ‘committing to LHR is entirely within the letter of the law’ because the law says no such thing. You are required by JAROPS in Part D 1.255 to have the following:
Trip Fuel
Contingency
Statistical Excess (if you have used the 5%/15mins or 3% with ERA Contingency options)
Alternate (can sometimes be dispensed with if <6hrs, VMC multi runway dest below MSA)
Final Reserve
And in the case of LHR etc fuel for min 20 minutes delay (AIC 36/1998, SOC 2000)
If you don’t have that in tanks then your fuel plan is wrong.
Don’t expect sympathy from the controller if you have ignored these minimums, these are officially promulgated figures. If your company try to make you take off with less – refuse. You are legally responsible for ensuring that you have at least this amount in tanks before dispatch.
If everyone who arrived at BNN with fumes expected a priority approach, you could forgive other operators who plan legally to become upset that they are subsidising your company. If your company policy does not include these minimum figures then you are not operating to the ‘letter of the law’, you are outside it and you could be placing your AOC at risk.
The controller is entitled to expect you to be carrying promulgated reserves, and if you are not then an MOR is not inappropriate. If you’ve planned all these things and you’re still short, then OK it’s not your day, but phrases like ‘we always burn the contingency on the way’ means you should have added more trip fuel. A statistical excess MUST be added to the trip fuel, and you as commander are required to take it into consideration.