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Old June 8th 04, 05:12 AM
Teacherjh
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I am simply giving an example of how FAA publications/documents/regulations
need to be interpreted in an overall context rather than in isolation.


They all need to be interpted in overall context. As long as there isn't an
accident, your interpretation is probably fine (with the FAA). If there's an
accident, then the FAA can choose to bring the AIM and the "careless and
reckless" clause into play. It might not always pass, but it's always above
you.

Here's a better one. Flight into known icing is prohibited (for a certain
subset of aircraft). Known icing and forecast icing are identical (to the
FAA).

So, you get a briefing, and find that the freezing level is forecast to be
6000. Freezing level at your destination will be at the surface three hours
after your arrival (before which the freezing level is 6000). You file for and
get 4000. You take off into the soup, and find that the weather is moving
faster. The temperature at 4000 is plus one. You get no ice. The minimum IFR
altitude is 2000, the cloud tops are 6000. You have several outs should you
pick up ice.

You continue (it's one of the options) to your destination which is reporting
clear and 6, and is an hour away. The temperature at 4000 drops to zero and you
start picking up a little ice. You ask to descend, ATC says unable. You ask
to climb, they clear you to 8000. This is above the clouds, and your
destination is clear. You accept, it being only a 2000 foot climb.

By doing so you are explicitly flying into known icing conditions.
Nonetheless, this is one of the recommended options in the new FAA Icing video.
IT doesn't appear to me to be a bad option, and turning around might not be
any better. You could declare an emergency, but you decide the situation
doesn't really warrant it yet.

You climb. Something Bad Happens. Nonetheless you survive, and after you get
out of the hospital, you face the FAA.

Did you violate the FARs? I bet they are lighting the grill for your goose.

In your example (IFR circling and the AIM) the case is weaker. But the AIM
recommends certain procedures (like altitudes and such), and if failure to
adhere to those recommendations causes grief, I bet they magically become
regulatory.

Jose

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