Ramrod
Now, when I get round to tackling the new fuel regs properly, if I see an outright rule that says "if you use any fixed reserve, no matter the reason even if it's totally out of your control, it's a strict liability offence" then you'll see me get angry about that, I promise.
So whilst you've been critisicing those who have read the rules, you've missed the following:
From the proposed CAR:
234 Fuel requirements
(1) For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument prescribing requirements relating to fuel for aircraft.
and
(3) The pilot in command of an aircraft for a flight commits an offence of strict liability if:
(a) the pilot is subject to a requirement under the instrument made for the purposes of subregulation (1) in relation to the flight; and
(b) the pilot does not comply with the requirement in relation to the flight.
Penalty: 50 penalty units.
So - from the proposed Instrument:
(2) If, as a result of an in-flight fuel quantity check in accordance with subsection 5 (2), the usable fuel expected to be remaining on arrival at the destination aerodrome is less than the fixed fuel reserve (where no alternate aerodrome is required), then the pilot in command must take appropriate action and proceed to an en-route alternate so as to perform a safe landing with not less than the fixed fuel reserve remaining.
and
(4) The pilot in command must declare a situation of emergency fuel when the calculated usable fuel predicted to be available upon landing at the nearest aerodrome where a safe landing can be made is less than the fixed fuel reserve for the flight.
Note The pilot in command must declare an emergency fuel state by broadcasting MAYDAY, MAYDAY, MAYDAY FUEL. The emergency fuel declaration is a distress message indicating the pilot in command has assessed the aircraft is threatened with grave and imminent danger and requires immediate assistance.
Time to fire up!