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Thu, Oct 26, 2006

ANN's Daily Aero-Tips (10.26.06): Emergency Authority

Aero-Tips!

A good pilot is always learning -- how many times have you heard this old standard throughout your flying career? There is no truer statement in all of flying (well, with the possible exception of "there are no old, bold pilots.")

Aero-News has called upon the expertise of Thomas P. Turner, master CFI and all-around-good-guy, to bring our readers -- and us -- daily tips to improve our skills as aviators. Some of them, you may have heard before... but for each of us, there will also be something we might never have considered before, or something that didn't "stick" the way it should have the first time we memorized it for the practical test.

Look for our daily Aero-Tips segments, coming each day to you through the Aero-News Network.

Aero-Tips 10.26.06

Note: Speculation on cause factors in two events cited in this article is based solely on media reports. Official investigation may determine other factors contributed to each mishap. Nonetheless there is a lesson to be learned from this speculation.

FAA preliminary report

IDENTIFICATION
 Regis#: 929CD    Make/Model: SR20   Description: SR-20
 Date: 10/11/2006   Time: 1841

Event Type: Accident  Highest Injury: Fatal  Damage: Destroyed

LOCATION
City: NEW YORK  State: NY  Country: US

DESCRIPTION
ACFT CRASHED INTO A HIGH RISE BUILDING IN MANHATTAN UNDER UNKNOWN
CIRCUMSTANCES, THE TWO PERSONS ON BOARD WERE FATALLY INJURED AND 16 PERSONS ON THE GROUND AND IN THE BUILDING SUSTAINED UNKNOWN INJURIES, NEW YORK, NY


FAA preliminary report

IDENTIFICATION
 Regis#: 9130N    Make/Model: PA46   Description: PA-46
 Date: 10/19/2006   Time: 1945

Event Type: Accident  Highest Injury: Fatal  Damage: Destroyed

LOCATION
City: FORT MEADE  State: MD  Country: US

DESCRIPTION
AIRCRAFT CRASHED INTO A WOODED AREA 1/4 MILE FROM DEPARTURE END OF RUNWAY 23 SHORTLY AFTER TAKE OFF FROM TIPTON AIRPORT, FORT MEADE, MD


Airspace as a contributing factor

Controlled-access airspace appears to be a contributing factor in both these mishaps. In the SR20 crash, which received widespread coverage because of the pilot involved (some of the most objective coverage was on ESPN, the sports network), the airplane was flying in a commonly-used VFR corridor between and beneath Class B airspace. It appears the collision with a building occurred while the pilot and his instructor were attempting to reverse course at the end of the corridor without penetrating the Class B airspace.

The Malibu accident is making the rounds in aviation circles because of airspace issues as well. Initial reports are that the flight departed VFR under a reported 1200-foot overcast with five miles' visibility, with intent to pick up an IFR clearance in the air. Unique in this case, however, is that the flight originated from an airpoirt within the Washington DC Air Defense Identification Zone (ADIZ), which requires positive control from the ground up, including use of a discrete transponder code. The option of departing VFR to obtain a clearance in the air does not exist in the Washington ADIZ. Upon initial contact with controllers the pilot was advised of this airspace bust and directed to return to the departure airport immediately. The Piper subsequently crashed while attempting to land. Aircraft association speculation is widespread that the pilot was so distracted by the possible implications of the airspace bust (which include loss of pilot privileges, any number of court actions, and possibly even being shot down) that he lost control of the aircraft, leading to the crash.

Emergency authority

FAR 91.3 tells us:

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...

This includes the option of "busting" airspace if such is necessary for the safe outcome of the flight. In the New York Cirrus incident a turn into the Class B airspace, or a climb into the Class B above, would surely have been less risky than the actual outcome. Make the climb or turn, make the radio call and sort it out with the Feds later. In the Fort Meade Mirage crash the pilot could have immediately declared an emergency upon learning he was in violation of the ADIZ, then asked for priority handling through landing. This might have slowed things down enough that the pilot avoided some of the rush that appears to have contributed to his demise.

Aero-tip of the day: There's no excuse for poor planning that results in an airspace bust. But if you find yourself in a position where it cannot be avoided, (1) FLY THE PLANE, (2) enter the controlled airspace to the extent necessary to assure a safe outcome, and (3) declare an emergency to give you the 91.3 authority to be in that airspace. Survive to work out the details later.

FMI: Aero-Tips

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