45 Minutes, or What's Your Reserve For?

[JAFI]

The Judge said in the appeal listed:

"although the flight plan indicated that the flight should have had 14,500 pounds of fuel on board, it left the gate with only 6,400 pounds. This was insufficient fuel to meet the requirements of sections 91.167(a) and 121.639, and respondents admit as much."


Sounds like a clear violation to me.


Plan fuel is just for the flight plan. If you want to look at it this way: fuel gages are not "Instruments" with a high level of accuracy. They can have a wide tolarance. IMHO, The 45 minutes is so you DO have fuel when you land. In part 91 flying if you land on a runway and the engine quits, who is going to know... If the engine quits and you land one foot short of the runway and do dammage to the aircraft, you will most likely get a visit from your local FSDO. How lucky do you feel today?????

I flight plan with one hour reserve. I DO NOT trust fuel gages, weather, some fool who crashes and closes the runway, etc. I have diverted for fuel, weather, and some fool crashing on the runway, etc.

JAFI

 

[fly4free]

regs are written for all aircraft

let us all remember that the regs are written in a manor that (supposedly) covers all a/c types and sizes. and, law does not allow for the conformation of a reg to a particular size of aircraft unless the reg states that it is written as such.

lets make this reg as simple as it gets:

you are planning a trip (in any aircraft) for an airport that is 46 minutes short of your maximum range with full fuel. there is a part 97 approach at the planned destination and the weather forecast does not require filing an alternate. AND THERE ARE NO AIRPORTS TO STOP AT ALONG THE WAY, NO ALTERNATE WITHIN YOUR RANGE, AND NO WAY TO CHECK THE WEATHER ENROUTE. (the good'ol days) this is perfectly legal, right.

lets say that the flight took 10 minutes longer than planned, you missed the approach 4 times, ran out of fuel and landed in a field totalling the a/c.

if the flight was planned properly and you took the planned fuel NO VIOLATION FOR 91.167. there are probably a dozen other regs they may try to hang you on but not 91.167.

AND if the Feds couldn't violate you for 91.167 in a case such as this, then they can't violate you for 91.167 if you had passed airprts along the way and not stopped to get fuel. NOT THIS REG but there are others they may try.

the way I see it all regs are this way...you have to apply them to the senarion with the least options and variables to figure out the intent of the wording. take out all the sound judgement, reasoning, and prudence any pilot may or may not implement and then you can begin to see the light.

Fly