Matt Barrow wrote:
"George Patterson" wrote in message
news:EQqIe.14414$2y2.11236@trndny02...
Matt Barrow wrote:

But not, usually, to the pilot, and never to the pilot simply for
declaring an emergency.

Unless the declared emergency stems from a violation of the FAR's.

In that case, the pilot has not simply declared an emergency. The pilot
has violated FARs.

So every time a pilot violates the FAR's they must file a report?

I can come up with four different scenarios:

1) You clip class D without comms. You violated a FAR, but unless the
Administrator (or rep) asks for an incident report, nothing is
required.

2) You have a control fail just after takeoff from a towered airport,
so (with or without declaring an emergency over the air) you turn back
and land without clearance. You violated a FAR, but your emergency
authority allows you to to deviate as necessary for the safe completion
of the flight. A report is required for the control failure, but not
required for the landing.

3) Same scenario as (2) (you have a major oil leak on takeoff and land
again without clearance, say), but you were a student pilot and had a
passenger. Oops. The emergency let you land without clearance, but
you had (unrelated to the emergency) also busted a FAR. Report will
probably be requested on just the FAR bust grin.

4) You overloaded your aircraft and/or in flight realized your W&B was
so messed up that you had little control, and had to declare an
emergency to land as quickly as possible. Ooops again. The FAR bust
_caused_ the emergency to begin with.

Scenario 4 is the worst case, of course. If breaking a FAR causes the
emergency, your emergency powers can't protect you... nor can an ASRS
form, if you deliberately overloaded the aircraft. (Let's say the
passengers lied to you about their weight... that would mean you didn't
deliberately screw up.)

Cheers, Kev