14 CFR 91.7(b)...airworthiness

jrh

Well-Known Member
I've got a question about 91.7(b):

"The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur."

First, let me offer a true situation that happened to a couple friends of mine the other night, at about 22:00 local.

They were coming home from a 200 nm cross country trip in a Piper Arrow, were IFR, level at 9,000, and in clear skies, over mountains, but almost past the mountains and into a large basin of farmland and towns. Their alternator failed and they didn't catch the drop on the loadmeter right away, so the battery ran down. By the time they caught it, they had very little power left. They lost contact with Center, but were able to relay a message through an airliner that they were having electrical problems and were going to descend for landing. At the time, they were about 100 nm away from the aircraft home base, their destination.

They had just enough power to pump the gear down, run the nav lights/tail beacon, use the Com 1 radio, and flip on the landing light on short final. They landed safely, called for somebody to pick them up, and left the plane at the airport overnight, to be picked up and returned to the home base later.

Now, here's my thought: Would it have been safe and/or legal to cancel IFR, then continue to the aircraft home base with the electrical system shut down, even though that destination was still more than 100 nm away?

I know this is a bit of Monday morning quarterbacking, so I'm not wanting to be harsh on these pilots for landing immediately. I might have done the same thing, had I been over the mountains, completely in the dark. I would never criticize somebody for making a safe landing after encountering an unusual situation. Better safe than sorry.

That being said, it might have saved them a lot of hassle to bring the aircraft back to the home base. From a safety standpoint, I wouldn't especially like the idea of running totally in the dark without a beacon or nav lights for 45 minutes, but otherwise, the weather was clear and I know both pilots knew the route well enough to navigate safely.

From a legal standpoint, obviously there was an unairworthy electrical problem. The regs say to "discontinue" the flight. But when is that required? Immediately? As soon as possible? As soon as practical? Every flight will be discontinued sooner or later. So what urgency does this reg stress?
 
[ QUOTE ]
From a legal standpoint, obviously there was an unairworthy electrical problem. The regs say to "discontinue" the flight. But when is that required? Immediately? As soon as possible? As soon as practical? Every flight will be discontinued sooner or later. So what urgency does this reg stress?

[/ QUOTE ]This is a tough one. Sounds like right away. But, despite the seemingly mandatory language of 91.7, there is a pilot judgment component grafted onto it, at least suggesting that "airworthy", at least in the 91.7(b) enroute context means something a little different than the pure version we follow on preflight. At least to some degree, technical airworthiness on the ground (we don't leave if even the airworthiness certificate is missing from the airplane) yields to practical airworthiness in the air (we wouldn't terminate the flight if the airworthiness certificate blew out of the window while enroute).

While not a direct answer, here an NTSB case from just a few months ago that struggled with the where to go/when to go issue. There was even a dissenting opinion written by one of the members of the Board:

http://www.ntsb.gov/O_n_O/docs/AVIATION/5149.PDF

That night flight? I would have landed at the first airport with runway lights and maintenance services.

Add this question to your Monday morning quarterbacking: Unless you were going to lie about when it happened, if there were an en route incident as you continued, how would you explain your decision to continue for an extra 100 miles at night with no electricity and no required lights to the FAA if they began certificate action?
 
[ QUOTE ]


Add this question to your Monday morning quarterbacking: Unless you were going to lie about when it happened, if there were an en route incident as you continued, how would you explain your decision to continue for an extra 100 miles at night with no electricity and no required lights to the FAA if they began certificate action?

[/ QUOTE ]

yeahthat.gif


It is better to be on the ground, wishing you were in the air, then in the air wishing you were on the ground.

Safety of flight and Airworthiness are two different topics while en-route. Something that effects safety of flight, may not effect airworthiness and vice-versa...

At night, over mountains, on an IFR flight plan, even if you know the route like the back of your hand the safest thing to do for your flight is to terminate it at the next suitable airport. Take into consideration, wx, runways, performance at field elevation, etc to make the choice of "suitable." But if your over an airport that has lights, plenty of pavement, a mechanic who will be in the next morning, and either cell coverage to close the plan, or a pay phone... I will land any day. The question about "wouldn't it be easier if you go back to the home base, operationally?" Yes, but it operational ease does not effect safety of flight either.
 
I agree with Midlifeflyer. An electrical failure on a single engine at night is a pretty serious matter, I believe they made the right decision by putting the baby on the ground at the first suitable airport...
 
Back
Top