Originally Posted by
SoCal App
Devil's advocate here..
You might be 'capable" but you are not 'qualified'.
Big difference in the eyes of the law. You get 'convicted' for busting the laws of the land.
Take a 700 mile road trip (or whatever it is) from London to Prague....
BAC limit in the UK is 0.8 mg per ml
In France and Germany it is 0.5 mg per ml
and 0.0 mg per ml in Czech Republic.
Same car, same registration, same driver but different rules apply.
You get convicted for breaking the rules appropriate to the country.
Aviation is no different than many walks of life.
Similarity being that 70%mg.bal might get you killed on a sharp bend whilst a bit tired in any of those countries, regardless of the legalities. And in pretty much all cases, being banged up in the local clink for a while is still better than being wrapped around a lamp-post.
We do need I think to separate out:
- Deliberately flying illegally when it wasn't necessary.
- Saving an aircraft from unforseen circumstances, using available equipment and training, and happening to break the law whilst doing so.
Except in very exceptional circumstances, nobody needs to deliberately launch a car with alcohol inside them, or an aeroplane into marginal VMC for which they're not formally qualified.
I can't imagine any jury / magistrate / prosecutor / authority will struggle too much to understand the difference between breaking the law because you believed you'd get away with it, and breaking the law because it was the best way to get safely onto a runway.
I suspect that the difference will be between a mild slap on the wrist, and a hefty fine or short spell in the local clink.
G