Page:Civil Air Regulations - Part 40 (1953).pdf/20

 (b) pilot personnel of another air carrier properly qualified on the airplane and authorized by the operating carrier.

Admission to flight deck. For purposes of this section the Administrator shall determine what constitutes the flight deck of an airplane.

(a) In addition to the crew members assigned to a particular airplane, CAA aviation safety agents and authorized representatives of the Board while in the performance of official duties shall be admitted to the flight deck of an airplane.


 * Nothing contained in this paragraph shall be construed as limiting the emergency authority of the pilot in command to exclude any person from the flight deck in the interest of safety.

(b) The persons listed below may be admitted to the flight deck when authorized by the pilot in command.

(1) An employee of the Federal Government or of an air carrier or other aeronautical enterprise whose duties are such that his presence on the flight deck is necessary or advantageous to the conduct of safe air carrier operations , or

(2) Any other person specifically authorized by the air carrier management and the Administrator.

(c) All persons admitted to the fkight deck shall have seats available for their use in the passenger compartment except:

(1) CAA Aviation Safety agents or other authorized representatives of the Civil Aeronautics Administration or the Civil Aeronautics Board engaged in checking flight operations.

(2) Air traffic controllers who have been authorized by the Administrator to observe ATC procedures.

(3) Certificated airmen of the air carrier.

(4) Certificated airmen of another air carrier who have been authorized by the air carrier Concerned to make specific trips over the route.

Use of cockpit check procedure. The cockpit check procedure shall be used by the flight crew for each procedure as set forth in § 40.176.

Personal flying equipment. The pilot in command shall insure that the following equipment is aboard the airplane for each flight.

(a) Appropriate aeronautical charts containing adequate information concerning navigational aids and instrument approach procedures.

(b) A flash light in good working order in the possession of each crew member.

Restriction or suspension of operation. When conditions exist which constitute a hazard to the conduct of safe air carrier operations including airport and runway conditions, the air carrier shall restrict or suspend operations until such hazardous conditions are corrected.

Emergency decisions; pilot in command and aircraft dispatcher. (a) In emergency situations which require immediate decision and action, the pilot in command may follow any course of action which he considers necessary under the circumstances. In such instances the pilot in command, to the extent required in the interest of safety, may deviate from prescribed operations procedures and methods, weather minimums, and the regulations of this subchapter.

(b) If an emergency situation arises during the course of a flight which requires immediate decision and action on the part of the aircraft dispatcher, and which is known to him, he shall advise the pilot in command of such situation. The aircraft dispatcher shall ascertain the decision of the pilot in command and shall cause the same to be made a matter of record. If unable to communicate with the pilot, the dispatcher shall declare an emergency and follow any course of action which he considers necessary under the circumstances.

(c) When emergency authority is exercised by the pilot in command or by the dispatcher, the appropriate dispatch center shall be kept fully informed regarding the progress of the flight, and within 10 days after the completion of the particular flight a written report of any deviation shall be submitted by the individual declaring the emergency to the Adminstrator through the air carrier operations manager.

Reporting potentially hazardous meterological conditions and irregularities of ground and navigational facilities. When any meteorological condition or irregularity of ground or navigational facilities is encountered in flight, the knowledge of which the pilot in command considers essential to the safety of other flights, he shall notify an appropriate ground radio station as soon as practicable. Such information shall thereupon be relayed by that station to the appropriate governmental agency.

Reporting mechanical irregularities. The pilot in command shall enter or cause to be entered in the maintenance log of the airplane all mechanical irregularities encountered during flight. He shall, prior to each flight, inspect the log to ascertain the status of any irregularities entered in the log at the end of the last preceding flight.

Engine failure or precautionary stoppage. (a) Except as provided in paragraph (b) of this section, when one engine of an airplane fails or where the rotation of an engine of an airplane is stopped in flight as a precautionary measure to prevent possible damage, a landing shall be made at the nearest suitable airport in point of time where a safe landing can be effected.

(b) The pilot in command of an airplane having 4 or more engines may, if not more than one engine fails or the rotation thereof is stopped, proceed to an airport of his selection, it. upon consideration of the following factors, he determines such action to be as safe a course of action as landing at the nearest suitable airport:

(1) The nature of the malfunctioning and the possible mechanical difficulties which may be encountered if flight is continued,

(2) The availability of the feathered engine for use.

(3) The altitude, airplane weight, and usable fuel at the time of engine stoppage.

(4) The weather conditions en route and at possible landing points.

(5) The air traffic congestion.

(6) The type of terrain, and

(7) The familiarity of the pilot with the airport to be used.

(c) When engine rotation is stopped in flight, the pilot in command shall immediately notify the proper ground station and shall keep such station fully informed regarding the progress of the flight.

(d) In cases where the pilot in command selects an airport other than the nearest suitable airport in point of time, he shall, upon completion of the trip, submit a written report, in duplicate, to his operations manager setting forth his reasons for determining that the selection of an airport other than the nearest was as safe a course of action as landing at the nearest suitable airport. The Operations manager shall, within 7 days after completion of the trip, furnish a copy of this report with his own comments thereon to the Administrator.

Instrument approach procedures. When an instrument approach is necessary. the instrument approach procedures and weather minimums authorized in the operations specifications shall be adhered to.

Requirements for air carrier equipment interchange. (3) Prior to conducting any operations pursuant to an interchange agreement authorized by the Civil Aeronautics Board, the air carrier shall show that:

(1) The procedures proposed for the conduct of such operations by the carriers involved conform with the provisions of this subchapter and with safe operating practices:

(2) All operations personnel involved are familiar with the airplanes and equipment of the air carrier with whom interchange is to be effected, and with the communications and dispatching procedures to be used;

(3) All maintenance personnel involved are familiar with the airplanes and equipment, and the maintenance procedures of the air carrier with whom interchange is to be effected;

(4) The flight crew and the dispatchers involved meet the appropriate route and airport qualifications; and

(5) All airplanes operated are essentially similar to those airplanes of the carrier with whom interchange is to be effected with respect to flight instruments