If a pilot declares an emergency and then in the process of working with ATC is able to resolve the issue, would they then be able to resume normal navigation (as a non-emergency aircraft) and continue to their destination?
- USA(FAA) General Aviation regulations. Answers for other jusristictions should be made in a similar question specific to that area, I will not be awarding one of those as the answer.
- During Flight.
- I am
notasking if it is advisable, only if it can legally be done.
- I am not interested in a discussion on specific scenarios or of emergency procedures during the emergency state.
- I have looked at CFR 49,B,7,830.5 for what conditions you are required to notify the NTSB and stipulate that NTSB notification is not required. I strongly suggest you read the full 830 section if you are unsure about its content before posting.
I am interested in the question since there seems to be a tendency in the US General Aviation community to not declare an emergency even though the situation merits such a declaration, based on the volume of ATC recordings and accident investigations where the pilot needs to be coached by ATC into realizing they are in an emergency situation, and possibly declaring it verbally.
As I understand it, when declaring an emergency you may violate 91.3; e.g. any regulations. You only need to report it to the FAA if they ask you, Part 91.3(c) and if it doesn't meet the reporting requirements covered in 830.5 you don't even need to report it to the NTSB.
On the NTSB reporting, my take is, it seems to focus on equipment failure or crew/passenger illness, either of which may not have been within the control/awareness of the PIC prior to the incident. This necessitates the need for tracking and isolating incidents of equipment failure so that manufacturers can improve their equipment or to suggest procedural changes to prevent re-occurrence.
I am wondering if there is a part of the laws that I missed on actions or reporting, or any punitive actions from the FAA for declaring a legitimate emergency condition. My impression is the FAA wants to be more like the DMV for aircraft rather than the Police for aircraft. I think it would benefit the general public to understand that distinction as well.