Mayday!

Although this accident has been thoroughly dissected, there remains a question. Why did the pilots fail to declare an emergency and land safely while they had ample fuel to do so?

After the flight missed its first approach into JFK, the controller asked the crew if it would be OK for him to vector the aircraft 15 miles northeast before turning it inbound for another approach. Although there remained only 6 minutes of fuel remaining—barely enough to make an immediate approach and save 73 lives—the first officer replied, “I guess so.”

This made me wonder. Why are some pilots reluctant to declare an emergency? Professional pilots typically are not shy about declaring an emergency, which is what made the Avianca accident so unusual. But it seems that general aviation pilots are less likely to do so. One reason for this might be a fear that declaring an emergency would be interpreted as an admission of failure. But one cannot cope with an emergency without first acknowledging that it exists.

Some pilots are reluctant to exercise emergency authority for fear of recrimination. They are concerned that they will be challenged by the FAA to justify their actions and be called upon to complete a mountain of agonizing paperwork. Such a concern, however, is generally unfounded. Pilots rarely are asked to file written reports following an emergency. Besides, how can anyone justify risking lives just to avoid possible inconvenience on the ground?

I vividly recall declaring my first emergency. My family and I were returning from a vacation in Utah. I was guiding the Cessna 414 between tall, scattered cumulus clouds over California’s Mojave Desert. As we progressed, however, the towering clouds grew tempestuously taller, darker, and closer together.

No sweat, I thought. We could remain in the clear by adroitly weaving and climbing.

My options, though, began to dwindle, and we eventually were surrounded by an angry swarm of thunderstorms that would not grant passage. A glance rearward showed that cells had formed there, too. I had gone too far and could no longer turn around.

A light area appeared to my left, but that was a restricted area, and the Center controller cautioned me about trespassing there. I had no choice but to declare an emergency and advise that I would have to clip a corner of R-2501N.

The voice in my headset was suddenly understanding, almost avuncular. “Roger, Twenty-two Mike Golf. Suggest a heading of 180. I’ll try to get you through.” I looked at my chart and saw that I was being taken smack dab through the restricted area. But it didn’t matter. ATC had alerted Fort Irwin that an emergency was in progress and requested that artillery practice be suspended.

A wave of relief came from admitting that I had gotten in over my head. No, this did not instantly solve my problem. I was at the icing level and surrounded by hazard. But vectoring did the trick. Minutes later we broke into visual conditions between the most southerly of two cells.

Was I put through the third degree upon landing? No. Was I asked to call ATC on the landline? No. Was I asked to write a report? No. I never heard further about the incident from anyone. The system worked the way it was designed. The declaration of an emergency provided me with all available assistance plus the authorization to violate whatever regulations I deemed necessary to cope with my problem.

Declaring an emergency and exercising the command authority needed to violate regulations in the interest of coping with the emergency is an option that too few pilots utilize, even though FAA regulations authorize them to do so. It can even be argued that a pilot has an obligation to exercise emergency authority, and failure to do so could be considered negligent. I don’t know how many have died as the result of a pilot not taking advantage of their emergency authority, but that number—I am certain—is significant.

An emergency exists whenever the safe outcome of a flight is in doubt. It is when our mouths become dry, adrenaline flows, and a knot forms in the pit of our stomach. It is when we should not hesitate to do whatever is necessary to resolve the problem.

BarrySchiff.com