Yes, yes, we all know you have stripes up and down your arm and have the power of God ... yawn, yawn. But, YOU ARE MISSING THE POINT. Are you suggesting that as a Captain it would be a good call to 'tell' 'your' crew that 'you' are going into discretion whether they like it or not. Are you suggesting that crew members should blindly follow the Captain's instructions 100% of the time.
With respect DDee737 I think you are missing the point - I am stating that IN LAW it is
ONLY the aircraft Commander that can exercise discretion.
Yes, of course, I agree totally that the Commander
should take into account the views of fellow crew members but that does not change the fact that, legally speaking, it is only the Commander who can exercise discretion
whether other crew members agree with that decision or not - as I stated before they are quite entitled to report to the Commander that they are unfit for duty.
In the case which you listed, DDee737, from what you say the Commander did
not consult with his crew which is in breach of the regulation. But of course, legally speaking, he can consult with the crew and still decide to exercise discretion.