VOLUME 14 compliance and enforcement
CHAPTER 3 special considerations
Section 7 Deviations Resulting From Emergencies
14-3-7-1 GENERAL. Title 14 of the Code of Federal Regulations (14 CFR) part
135, §
135.19(c) and 14 CFR
part 121, §§
121.557(c) and
121.559(c) require
that a notification be sent to the Federal Aviation Administration
(FAA) Administrator concerning any deviation an operator has made from 14 CFR
as a result of an emergency. Each report of an emergency deviation from 14 CFR
that involves an air carrier will be investigated to determine if corrective
action is necessary. A shared responsibility exists between the Flight Standards
Service (AFS) and operators. Operators and crewmembers will not be permitted
to use the emergency provisions of 14 CFR as an excuse for failing to comply
with a regulation. On the other hand, inspectors must be cautious and ensure
that an atmosphere does not develop in which a crewmember would hesitate to
declare an emergency for fear of being unfairly criticized after the aircraft
is safely on the ground. The investigation should include a determination as
to whether the operator and crew were in compliance with such items as operations
specifications (OpSpecs), company procedures, and checklists. The procedures in
Volume 14, Chapter 1, Section 2,
apply and should be followed to find and
fix any underlying safety problems that led to the emergency or the deviation.
14-3-7-3 through 14-3-7-17 RESERVED.