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.