Civil Aviation Act 1990 as at 1 July 2014
Quote:
13A Duties of pilot-in-command and operator during
emergencies
(1) Subject to subsections (2) and (6), in an emergency that arises
in flight, the pilot-in-command may breach the provisions of
this Act or of regulations or rules made under this Act.
(2) For the purposes of subsection (1), a breach of any prescribed
requirement is permitted only if the pilot-in-command is satisfied
that—
(a) the emergency involves a danger to life or property; and
(b) the extent of the breach of the prescribed requirement
goes only as far as is necessary to deal with the emergency;
and
(c) there is no other reasonable means of alleviating, avoiding,
or assisting with the emergency; and
(d) the degree of danger involved in complying with the
prescribed requirement is clearly greater than the degree
of danger involved in deviating from it.
(3) Subject to subsections (4) to (6), where an emergency (not being
an emergency that arises in flight) necessitates the urgent
transportation of persons or medical or other supplies for the
protection of life or property, the pilot-in-command of the aircraft
or the operator of the aircraft may breach the provisions
of this Act or of regulations or rules made under this Act.
(4) For the purposes of subsection (3), a breach of any prescribed
requirement is permitted only if—
(a) the emergency involves a danger to life or property; and
(b) the extent of the breach of the prescribed requirement
goes only as far as is necessary to deal with the emergency;
and
(c) there is no other reasonable means of alleviating, avoiding,
or assisting with the emergency; and
(d) the degree of danger involved in deviating from the prescribed
requirement is clearly less than the degree of
risk in failing to attend to the emergency.
(5) Nothing in subsection (3) permits—
(a) the operation of an aircraft that is not registered in New
Zealand or elsewhere; or
(b) the breach of any prescribed requirement as to the airworthiness
of an aircraft; or
(c) the operation of an aircraft by a person who is not lawfully
entitled to operate that aircraft.
(6) Where, in any emergency described in this section, a pilot-incommand
or an operator breaches this Act or regulations or
rules made under this Act in accordance with the provisions
of this section, the pilot-in-command or the operator, as the
case may be, shall—
(a) immediately notify the relevant air traffic control service
of the action; and
(b) as soon as practicable, notify the Director of the action
and the circumstances that necessitated it, and, if requested
by the Director, provide to the Director a written
report in respect of the action.
Highlighted correctly as this was not an emergency that arose in flight.
If the type of emergency was in flight he would have been within the law as Subsection 5 only applies in the condition of Subsection 3.
Seems like not all actually understand the regulations as written just like Mr Armstrong possibly?
He may easily have misinterpreted it just as easily in hindsight.
And if he was never examined about the actual regulation beforehand which is highly likely how would his grasp of the regulation been tested prior?
Ignorance has not been an excuse for a long time. He was charged found guilty and convicted and fined.
Nothing to see here.