Unable

There is so much to learn, especially with respect to exercising command authority, a skill that is at least as important as knowing how to maneuver the airplane. Co-pilots upgrading to captain rarely fail because of difficulty they might have in performing the required maneuvers. Instead, failing to graduate into the left seat often is the result of not assessing problems in a timely manner and taking appropriate action.

Years of apprenticeship in the right seat teach by example and osmosis the concept of command authority and exercising responsibility for the safety of a flight. I received a most memorable lesson as a fledgling co-pilot during an otherwise routine flight from L.A. to New York in May 1966. Humongous thunderstorms had mushroomed above the sultry Kansas prairie, and a cluster of them on the nose seemingly conspired to block our way.

I reached for the microphone and glanced toward Capt. Charlie “Black Dog” Davis. He nodded approval and motioned toward the south. “Kansas City Center, this is TWA Eight requesting deviation south of course account weather.”

“Roger, TWA Eight. Unable account parallel traffic to your right.”

Black Dog shrugged and casually motioned toward the north.

“Roger, Center. How about a turn to the left?”

“Negative, TWA. That’s a hot restricted area.”

I was about to reply with increased urgency when Black Dog picked up his mic with one hand and raised his other to indicate he was taking over.

“Center, this is TWA Eight.” He stretched out the words, uttering them with emphasized calm and deliberation, wrapping each in his thick, Midwestern drawl.

“Go ahead, TWA,” came the reply.

“Roger, Center. You now have a problem.”

“Say again, TWA.... Hey, I show you turning right.”

“Correct. There’s no way we’re going through that weather.”

For the next several minutes, we heard the controller vectoring other aircraft out of our way and finally restoring order along the airway. Black Dog sat back and grinned, enjoying smooth air and a cup of coffee as our Boeing 707 banked gracefully around the cells.

This encounter with weather and an unsympathetic controller became uneventful because Captain Davis did what he had to do—using his words—to avoid whitecaps from forming in his coffee cup (even though some might criticize his methodology).

Taking positive action to eliminate a threat is called “aggressive safety,” a term coined by TWA’s training department. In other words, safety does not just happen. Flights must be conducted with that concept in mind. But the general aviation pilot, with little opportunity to receive such training, is expected to understand and exercise command authority beginning with his first flight as a private pilot. After all, the captain of a Cessna is just as responsible for his one passenger as the captain of a widebody is for hundreds.

Consider the low-time pilot cleared for an immediate takeoff at a time when he might not be quite ready to go. The faceless voice booming through his headset sounds like a commandment from Mount Sinai to be obeyed without hesitation. Eager to comply, the pilot discovers at liftoff that—in his haste to cooperate—he had failed to secure the door or turn on the auxiliary fuel pump.

Pilots might comply with a problematic clearance because they are not trained to understand that they have options. They might not realize that a pilot in command is under no obligation to do anything he perceives as hazardous. At such a time, a pilot has the option and perhaps the obligation to refuse a clearance or instruction simply by saying, “unable,” one of the most powerful and effective words in his vocabulary.

Most controllers are not pilots. Their job is to keep separated those who are. Even a student knows more about his limitations and those of his aircraft than a controller does. A pilot, therefore, is usually in a better position to determine if he can safely comply with a clearance or instruction.

Furthermore, a pilot is authorized to do whatever he perceives as necessary—including the violation of a regulation—to resolve a hazardous condition that requires immediate action. Many pilots, though, are reluctant to take such action for fear of FAA repercussions when there rarely are any. FAR 91.3 authorizes pilots to violate whatever regulation they deem necessary to protect their aircraft and passengers from hazard. As a matter of fact, there are occasions when it could be a violation of the regulations not to violate a regulation. Think about that.

BarrySchiff.com