501261
Consigliere
- Joined
- May 27, 2002
- Posts
- 829
Re: Idiotic?
In this case you should, and have every right to declare an emergency (91.3B) so that you "meet the emergency" by exceeding 91.117a.
According to the FAR's the only way you can knowinly violate an FAR is by declaring an emergency.
Being a Lifeguard or having a doctor scream at you by itself gives you no right to violate any of the FAR's (BTW- Drs. screaming at you mean that they screwed up and want to blame someone else, in this case the Dr. probably shouldn’t have transported the unstable patient).
Now having been in the situation you have described a number of times I can tell why the emergency is not declared.
First and foremost the medics are not supposed to put someone onboard unless they are stable enough to transport. The patient will almost always be better off in a 3rd world hospital, than at FL410.
Secondly, a lot of times the controller doesn't really care how fast you are going. He's clearing you direct, and wants you out of his airspace. So the only guy that can violate you will likely turn a blind eye to your speed readout.
So why declare an emergency when no one cares how fast you are flying? It’s called CYA! How do you know that there isn't a supervisor watching the controller? Or that the controller isn't taking a "proficiency" test that is being recorded. If you have a near miss or something that sets off an alarm bell you can bet your a$$ that the radar track with your apparent speed on it will be recorded. And that radar track will be sent down to the FSDO and the FSDO will send you a nice Certified Letter. Your only out is to have declared an emergency.
learjetguy said:Av, maybe I should elaborate just a little. The situations I was refering to were that of air ambulance pilots trying to get critical patients back to the U.S. ASAP. These particular pilots would exceed 250 because they had a doctor on board saying "go go go!!". It was never about racing thunderstorms.
Learguy
In this case you should, and have every right to declare an emergency (91.3B) so that you "meet the emergency" by exceeding 91.117a.
According to the FAR's the only way you can knowinly violate an FAR is by declaring an emergency.
Being a Lifeguard or having a doctor scream at you by itself gives you no right to violate any of the FAR's (BTW- Drs. screaming at you mean that they screwed up and want to blame someone else, in this case the Dr. probably shouldn’t have transported the unstable patient).
Now having been in the situation you have described a number of times I can tell why the emergency is not declared.
First and foremost the medics are not supposed to put someone onboard unless they are stable enough to transport. The patient will almost always be better off in a 3rd world hospital, than at FL410.
Secondly, a lot of times the controller doesn't really care how fast you are going. He's clearing you direct, and wants you out of his airspace. So the only guy that can violate you will likely turn a blind eye to your speed readout.
So why declare an emergency when no one cares how fast you are flying? It’s called CYA! How do you know that there isn't a supervisor watching the controller? Or that the controller isn't taking a "proficiency" test that is being recorded. If you have a near miss or something that sets off an alarm bell you can bet your a$$ that the radar track with your apparent speed on it will be recorded. And that radar track will be sent down to the FSDO and the FSDO will send you a nice Certified Letter. Your only out is to have declared an emergency.