Sal's Law
D.E.@ KBID: I recently had an engine problem and had to make a forced landing after a cracked cylinder caused a loss of power. Fortunately there was a class-C airport nearby and I landed without incident. The aircraft was not damaged in any way, but I did initially violate the airspace of the airport until I was able to get onto the radio and call them on short final. With that I was cleared to land and as far as I know any other traffic was diverted. The tower directed me to an FBO and asked me to call them, but only inquired as to whether we needed additional help. Do I now need to file a report and if so, with whom?
Sal’s Law: First and foremost you made the right move in directing your concern to flying the airplane first . It is always better to have ATC act as part of your flight crew and they can point out nearby airports, terrain and off airport assistance for you, but only after you have managed the part of the emergency that rests on your shoulders. FAR 91.3 allow a pilot to declare an emergency and deviate from the flight rules as he/she sees fit. It also says that the PIC of the aircraft must send a report of the deviation from the FAR’s, but only if requested. The fact that the tower operator only inquired into your welfare is another indication that she realized what was really important. While many will tell you there is some sort of report due to the FAA, the simple answer is that there is not - unless you are asked! As in the Army, don’t volunteer. As a practical matter, an FAA inspector will most likely visit with you and/or the FBO who has your aircraft to investigate the cause of the emergency. That inspector may ask for a report from you, but their intent is aimed at finding safety issues so that they can warn other pilots, not violating quick thinking airmen. So wait for the request and keep any report relevant to safety issues. Sounds like you should also send the tower folks a nice holiday gift basket for their assistance!
MK at AOPA: This question has been asked and answered a hundred times but I keep finding inconsistent responses on the topic and the FARs are no help. If I am flying with a safety pilot, who has an expired medical, may I do so legally?
Sal’s Law: If only I had a nickel for every time someone asked this question, I would be able to buy a gallon of av gas. Or maybe not. The answer lies in the favorite term of attorneys - “it depends”. The most important issue is to determine who is going to act as Pilot in Command. If the hooded pilot is the PIC and will remain so throughout the flight, then the safety pilot does not have to possess a valid medical unless they are a required crew member (an aircraft requiring two pilots). What confuses people is that either pilot may act as PIC. If the safety pilot is acting as PIC, then he/she must possess a valid medical and may then log time as PIC, while the hooded pilot may also log the same time as “sole manipulator of the controls.” But whoever will be the PIC needs to have a valid medical.
RTM vis email: I am having a problem with the FAA Aeromedical people. They have twice rejected my medical filing, which is a special issuance, and each time it seems to take longer and longer to have them process the application.
Sal’s Law: When a client comes into our office with a complaint such as yours, I usually find that the real problem is that the airman is not providing enough information, or that the airman has not provided the right information. The FAA Aeromedical folks have become very responsive with regard to processing special issuance medicals. However, when the information they need is not readily available, it usually slows the process to a crawl. In your case we were able to find the missing documents and ship them out to Oklahoma City where the office promises to turn them around within the next few weeks.
TMP via email: Help me win a $5 bet. My flying buddy insists that we must have two operating radios to fly IFR because we need to maintain a continuous watch on the ATC frequency when operating IFR in all airspace.
Sal’s Law: Sometimes I feel like Alex Trebek. FAR 91.183 dictates that you must maintain guard on the appropriate ATC frequency while flying IFR in controlled airspace. It is not required in uncontrolled airspace; however it is still the best practice. Best to take the $5 bet and fix the broken radio.
Blue Skies - in the New Year - to all!
SSal A. Lagonia Esq - is a pilots, call 914-245-7500 or Sal@LagoniaLaw.com.