In order to keep the discussion going, I am going to DISAGREE with the AA crew, however this does not mean I am claiming ATC was not out of line either. However, simply from the AA crew, my observations:
Sec. 91.3
Responsibility and authority of the pilot in command.
(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.
(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.
(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.
If they had low fuel due to unforecast headwinds, etc etc, or similar situation, ok, but I do not understand declaring an emergency because they could not get the runway needed. This is where ATC must be held accountable, but delcaring an emergency by the crew?
In training and in real life I associate the word itself, and the use of the word on the radio for "Life, Death, Serious Injury/Harm depends on my declaring this (as an emergency)."
This would be (amongst others)
- Low Fuel
- Heart Attack on board
- Baby birth on board/possible complications
- Equipment/Mechanical/etc malfunction, failure, etc
- Crew member incapacitation, etc
- Etc Issues
I personally would not consider a my-d1ck-is-bigger-than-yours war of words with ATC to justify declaring an emergency. I would pick up my toys and go to the alternate, and document the incident for follow up action.
http://www.faa.gov/air_traffic/publications/ATpubs/AIM/Chap6/aim0601.html#6-1-1
6-1-1. Pilot Responsibility and Authority
a. The pilot-in-command of an aircraft is directly responsible for and is the final authority as to the operation of that aircraft. In an emergency requiring immediate action, the pilot-in-command may deviate from any rule in 14 CFR Part 91, Subpart A, General, and Subpart B, Flight Rules, to the extent required to meet that emergency.
REFERENCE-
14 CFR Section 91.3(b).
b. If the emergency authority of 14 CFR Section 91.3(b) is used to deviate from the provisions of an ATC clearance, the pilot-in-command must notify ATC as soon as possible and obtain an amended clearance.
c. Unless deviation is necessary under the emergency authority of 14 CFR Section 91.3, pilots of IFR flights experiencing two-way radio communications failure are expected to adhere to the procedures prescribed under "IFR operations, two-way radio communications failure."
REFERENCE-
14 CFR Section 91.185.
6-1-2. Emergency Condition- Request Assistance Immediately
a. An emergency can be either a distress or urgency condition as defined in the Pilot/Controller Glossary. Pilots do not hesitate to declare an emergency when they are faced with distress conditions such as fire, mechanical failure, or structural damage. However, some are reluctant to report an urgency condition when they encounter situations which may not be immediately perilous, but are potentially catastrophic. An aircraft is in at least an urgency condition the moment the pilot becomes doubtful about position, fuel endurance, weather, or any other condition that could adversely affect flight safety. This is the time to ask for help, not after the situation has developed into a distress condition.
b. Pilots who become apprehensive for their safety for any reason should request assistance immediately. Ready and willing help is available in the form of radio, radar, direction finding stations and other aircraft. Delay has caused accidents and cost lives. Safety is not a luxury! Take action!
http://www.faa.gov/air_traffic/publications/ATPubs/PCG/D.HTM
DISTRESS- A condition of being threatened by serious and/or imminent danger and of requiring immediate assistance.
http://www.faa.gov/air_traffic/publications/ATPubs/PCG/U.HTM
URGENCY- A condition of being concerned about safety and of requiring timely but not immediate assistance; a potential distress condition.
Unless someone can convince me otherwise (and I am open to it...), I don't see the justification to claim the emergency flag on this ATC exchange.
AGAIN: I am making no validations of ATC, they were wrong too. But the AA crew wasn't right either, not that I can see.
"PIC AUTHORITY" is not an automatic pass to "do what you want". It means the PIC as a professional has the authority to make decisions as appropriate, safe, and legal, per industry and professional standards. PIC AUTHORITY does not green light you to say "Fire" in a dark movie theater.
Further note that at no point am I claiming that the crew are "jerks" or "morons" or similar language. I am sure they are good guys and very capable pilots.
I am simply saying that based on my (little) knowledge (NOTE: self admitted little knowledge !) of the situation, my OPINION is the use of the emergency word was not appropriate.
