MAYDAY / PAN
 

Good evening.

Can anyone please provide a reference as to a pilot's responsibility to fly (SID/STAR/APPCH) published speeds and altitudes following the declaration of an emergency? I’ve always believed that speeds and altitudes must be requested to be lifted specifically following an emergency, as e.g. PBN speeds are fixed (radius-to-fix) and terrain published altitudes are clearly inviolable. An emergency does not lift our responsibility to adhere to published requirements unless we request otherwise or advise unable.

Other ideas?

Correct. Simply saying the magic incantations does not lift our responsibility to continue flying as normal within the airspace system. While not a global standard, the FAA AIM 6-3-1 contains some helpful guidance, from which I highlight three sentences I find germane:

6-3-1(a) - Says that in addition to contacting ATC, we should also be telling them what our intentions are or what assistance is required.

6-3-2(a)(1) - says that we should climb if we need improved radio reception, but that unauthorized climbs or descents under IFR conditions within controlled airspace is prohibited except as permitted by the authority granted to the pilot in command to deviate from any rule to the extent required to meet an emergency (this text is located in 14 CFR Section 91.3).

6-3-2(b) - says that after we establish radio contact, we should comply with the the advice and instructions we receive. Although not stated, this will also default back to 14 CFR Section 91.3(b).

These three references suggest that no, we are not allowed to simply disregard speeds and altitudes at whim. We are required to continue to follow all air law following the declaration of an emergency or urgency status unless, in the opinion of the pilot in command, doing so places us more at risk. That statement is often taken as our ability to deviate from all rules carte blanche, but in reality you may be asked to defend your decision if our deviation is considered atypical or an odd response to the situation. Furthermore, if we need to amend a speed or altitude on a published procedure, then we should be working with ATC by letting them know ahead of time. Too often we assume that ATC will simply clear the airspace for us, but that's simply not the case. We will get priority handling, but priority does not imply you are the only one out there.

Additionally, as you point out, some of these speeds and altitudes are there not for traffic metering, but rather to keep the radius of a turn or altitude control within a confined area, and I'm not sure blowing 30 knots above a radius-to-fix speed would constitute good judgement or acceptable risk management.

Now, an emergency or urgency is a high stress situation, and it is entirely likely that we would forget all these little rules when, you know, trying to survive. But it takes a team, and in my humble opinion, we should be treating ATC as a part of that team. Ok, I'm off the soapbox.

+TSRA

Many thanks indeed for such a comprehensive reply and including relevant references. Much appreciated..

Well, it’s all about self preservation isn’t it? You use all the tools at your disposition to come to the safest course of action. And that may involve taking action first and then telling ATC.

NCO.GEN.105 Pilot-in-command responsibilities and authority
The pilot-in-command shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances in accordance with 7.d of Annex IV to Regulation (EC) No 216/2008. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety.



I.e. You would be wise to adhere to the radius to fix max speeds in mountainous areas, but are you really going to request permission to deviate from noise abatement rules when you suffer an engine failure? You may or may not want to fly faster than 250 knots below FL100 during a medical emergency, but is this even a question with an un contained cabin fire? As with everything in aviation, there is never a black and white answer. Self preservation is the key and your ultimate authority a PIC.

What a load of rubbish. Declare a Mayday and TELL ATC what you are going to do. I cannot believe the yanks would write such bureaucratic nonsense.

As for following RF turns and max speeds, if you can't comply with the SID, fly your company EO procedure and tell ATC.

May deviate, clear enough.

I'm joking of course, but you can't believe the Americans would write a semi-legal statement that, in the opinion of a lawyer, could or would be used against you in a court of law?