You answered your own question. In an emergency, rules may be broken. Get it? You may have to break some rules in an emergency and if so but you have broken the rules. Sully undoubtedly broke some rules . . . no big deal . . .
(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, "send a written report of that deviation to the Administrator".
After the emergency is over, after you have broken the rules, you may (c) . . . "send a written report of that deviation to the Administrator".
What it does not go on to say is what happens next . . . there will probably be an investigation to determine what happened (you are still admittedly guilty of breaking the rules . . you admitted you did by filing a report and you asked for forgiveness from the administrator. He may forgive you or he may not. If he does forgive you, you have still broken the rules but have been forgiven . . .follow it so far? If he doesn't forgive you, you have still broken the rules and may have to pay a penalty. Either way, with no exceptions . . . you still broke the rules ! Get it? In this case Sully broke the rules and was forgiven and was even deemed a hero for "BREAKING THE RULES". He still broke the rules. Breaking the rules does not make a person a bad person. In this case Sully was a better person just because he broke the rules . . .
Said yet another way: Had Sully not broken the rules he would have been an honorable rule follower as is the fellow who landed on the power lines because he could not deviate from the damned rules! Now he was an idiot with a wrecked plane but he was an honorable rule following idiot with a wrecked plane . . . The question is, which do you want to be?
Bruce
On Wed, Dec 29, 2010 at 6:58 PM, Jim Bair <jimbair@live.com> wrote:
Good grief people,This has gotten totally out of control. I asked earlier exactly what rule Sully broke, and did not get one response. Then more posts came along stating in different words that Sully broke the rules. Let's take a look at the following link and READ IT CLOSELY. I don't type in caps much. Personally, I find it offensive, but this is no kidding an important concept that everyone should understand and all of you have given me some new stuff to include in my oral. Thank you for that. Seriously, I had no idea how many people have this misperception about emergency authority.Sec. 91.3
Responsibility and authority of the pilot in command.
(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.
(b) 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.
(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.
Has everyone read it? Now, having read it, please tell me what rule Sully broke? "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." That is 91.3, the second FAR of part 91, and 91.1 is admin crap, making this practically the first FAR on operating rules, just to give a feel for it's importance! Given that, is it even possible for Sully to break a rule? I'm trying to figure out how he could. He would have to work damned hard at it. There is NO FINE to pay. He was a hero for doing exactly what he was supposed to do! (Fly the plane to the best landing possible.) When you have an emergency, everyone, including the FAA, expects you to use common sense and do whatever it takes to survive and to keep others alive as well. If you have an emergency, just about anything flying has to get out of your way, if it can. If you have an engine out at Kennedy Space Center and the shuttle is on final, you might want to give serious thought as to who you are competing with for the runway, but by and large, in most cases, you get the right of way. That's how the rules are written. So everyone who has made a post on this thread stating outright or implying that Sully broke rules, drop that thought. He did not. The reason it's important to drop that thought is if you ever have an emergency, you as the PIC have every right to do what it takes to survive. Does this mean you're allowed to be stupid? No. If the emergency was totally of your own making, you might want to make note of line c above. If you, as a Sport Pilot come spiraling out of the clouds over a Class D airport and land with no radio because you "had an emergency", you might be asked how this emergency developed. But if you have an engine showing low oil pressure, you can land at a Class D field even if you don't have a BCD endorsement and no one will fine you. I understand your paranoia. As a new Private Pilot, I would have been terrified to declare an emergency. It was later I realized that the controllers are actually on your side. Saving/helping people is what they live for. Yes, I know there are some crusty old assholes out there who are bored and tired of watching some trike, and a C-150, and some light sport experimental whatchmacallit beat around the pattern all afternoon and they bitch because your radio sucks, but the moment you say, "I have an emergency", I guarantee you are his number one priority.
Jim B.
Rule 1: It's illegal to kill ducks out of season or without an appropriate license and duck stamp.Rule 2: NEVER LAND A COMMERCIAL AIRLINER WITHOUT FLOATS, FULL OF PASSENGERS ON A RIVER WITHOUT THEIR WRITTEN APPROVAL.Rule 3: He busted his own flight plan.Rule 4: I'm sure there were many maritime rules, regulations and laws and codes that were busted.I'm not Sully was wrong in any shape or form. He was exactly right. He is my hero for being able to ignore the danged rules and do what he had to do which if "FLY THE PLANE AT ALL COSTS, IGNORE THE RULES and pay the fine later".The fellow that hit the power lines in the LSA broke the rules but still crashed. He should have broke the rules and landed safely.What rules did he break? It's illegal to hit power lines and/or disrupt power . . yahta yahta . . .Must we go on . . .?I think you folks are being way over sensitive to rules. Anytime one has an emergency, all rules become invalid and survival becomes paramount.OK these are just my rules, you guys should follow the rules to keep the rest of us safe from you. LOLBruce
On Wed, Dec 29, 2010 at 2:11 PM, Jim Bair <jimbair@live.com> wrote:
61.65 first paragraph says Private Pilot is minimum rating. Knowledge of an IFR rating, absolutely. Just can't take the checkride.What rule did Sully break? I don't know of any? What are you referring to?Jim B.From: b dSent: Wednesday, December 29, 2010 3:06 PMSubject: Re: Light-Sport Aircraft Yahoo group IFR Training and IFR Rating for Sport PilotsWhat would prevent any Sport Pilot from gaining a IFR Rating or the knowledge of an IFR rating? Yes that would certainly help anyone. I don't see anything preventing a person from doing that if he has the money, the time, and the ability. Does anyone know something I don't know here? There is no one keeping me from doing it that I know of. I myself have IFR knowledge just in case although I prefer nice sunny days. One does not need to be certified to have knowledge and certainly certification shouldn't limit one either from using that knowledge. I'm always amazed at how certain people can always be so rule bound. It's good Sully wasn't.Bruce
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