Just my 2 cents as a New York based pilot:
1. In the US, under FAA regs, the declaration of an emergency does NOT require use of "Mayday", i.e. it is a non-ICAO standard, in fact it's discouraged (obviously doesn't apply to non-US pilots who must comply with their own ICAO-compliant standards). We are required to state "declaring an emergency" and that's it. (Of course for international destinations we must comply with the ICAO standard etc etc, we're talking here about a US airline in the US).
2. Also under US regs you may declare "Min fuel" as a heads up to ATC that any "undue delay" will result in a fuel emergency, frequently used in New York airspace. It is a non-emergency call and one still typically follows the flow of aircraft to the airport. It would be a surprise for a US controller to suddenly receive a fuel emergency from a US airline without first receiving the "min fuel" call. (that's in defence of the controller)
3. However, the controller was told that they would declare an emerg. if they didn't get the required runway. To me that sounds like a sort of "min fuel" call. The controller's mistake, in my view, was to say that he would "pass on the request" or something to that effect, that showed an undue concern that would have transmitted to the pilots that they were about to get sent out 50 miles to join the end of the line. Under those circumstances the pilots subsequent emergency call seems not only reasonable but required.
4. After receiving the emergency call, rather than ask what they intended, the controller's reaction was to issue an instruction (runway heading for the moment), this would have transmitted to the crew that "this guy just doesn't get it". If they have an emergency that absolutely allowed them to tell the controller what they were doing and it was the controllers job to get traffic out of their way.
5. I have had to go-around in New York and immediately declare min fuel, the controllers reaction was to FIRST say, "Ok, I'll get you right back in after the three on final, turn to XXX heading ...". That reassured me that this controller "gets it" and wont force me to declare an emergency. If the controller had said "I'll pass that on blah blah .." I would have done precisely what this crew did. All pilots think of Avianca Flight 52 when put in this situation, the pilots were not clear or decisive and let themselves get intimidated by the NY controllers, it got them killed along with scores of passengers.
6. I would say that the post-emergency investigatory interview with the pilots would have two questions, 1) were you low on fuel? 2) Why didn't you declare min fuel earlier? If those questions can be answered reasonably their interview would probably be no more than 5 minutes. I'd think the controller will have many more questions to answer.
Last edited by IRISHinUS; 10th May 2010 at 16:13.