meaning: "in point of time" ?

[A Squared]

Actually, both the cases mentioned are real. Not all the details mentioned here are exactly accurate, but the general principle is correct. If you have a problem, land at the nearest place consistent with safety. By consistent with safety, the FAA means "you probably won't crash the airplane" not "the closest one would work, but I think this one a little farther away would be better"

#1) a guy performs a precautionary shutdown in a metro over Laramie WY, continues on to Denver Stapleton. Gets judgment against him, escapes penalty only because of ASRS report.

http://www.ntsb.gov/O_n_O/docs/AVIATION/3628.PDF

#2) IT was indeed an Air Midwest crew, Kansas City MO to Boston. Had a little binding in the ailerons which broke free and was later determined to be a little ice from the landing gear. They diverted to Milwaukee, which is a Mx base. FAA's position was that instead of going to Milwaukee (which was slightly further than continuing to Boston, they should have landed at the nearest suitable airport.

http://www.ntsb.gov/O_n_O/docs/AVIATION/5149.PDF

Here's another, where the pilot touched down momentarily with the gear up at Noorvik AK (small gravel runway, no rescue services, no medical services) then returned to Kotzebue (Fire and rescue, large paved runway) FAA tried to violate him for not landing at Noorvik, NTSB ALJ disagreed with FAA, FAA appealed to the full board of the NTSB. Thankfully, the FAA lost on appeal

http://www.ntsb.gov/o_n_o/docs/AVIATION/4329.PDF

Lesson: If you land anywhere other than the nearest airport with a long enough runway, the FAA will second guess your decision and try to violate you for it, even when, as in the third case, the pilot's reasoning is rock solid.

It should be noted that none of these decisions shed any direct light on "in point of time" or 121.565

 

[59PA]

In the case of an inflight shutdown, not an emergency, if the aircraft exceeds max landing weight, with no dump capability, would an overweight landing be required to satisfy nearest suitable, in point of time?

 

[m4j2t]

thanks alot for the court transripts EXACTLY what I was looking for!

good question about the fuel

 

[avbug]

In the case of an inflight shutdown, not an emergency, if the aircraft exceeds max landing weight, with no dump capability, would an overweight landing be required to satisfy nearest suitable, in point of time?

No, and I think that's the point. However, there may be some question as to weather the aircraft can proceed to a destination based on the need to burn fuel, or the need to proceed to a nearby airport and orbit to burn fuel, as did the recent publicized Jet Blue landing at LAX.

 

[r1830]

Whoops, mispost sorry.