[QUOTE=deadstick35;2613613]
Originally Posted by
EMAW
Your operations specifications are “FAA Approved” and carry the weight of 14 CFR. GOMs are just “FAA accepted.” A long time ago, the difference was explained to me like this: You can get fired for violating the GOM, but you still might not get certificate action because a reg was not busted. You will get violated for busting a reg (opspec) and possibly fired, too.
It’s the operator and pilot’s responsibility to comply. It’s like the 24/7 on call deal. The pilot has no defense just because the boss said to do it.
A001 d
d. The certificate holder is authorized to conduct flights under 14 CFR Part 91 for crewmember training, maintenance tests, ferrying, re-positioning, and the carriage of company officials using the applicable authorizations in these operations specifications, without obtaining a Letter of Authorization, provided the flights are not conducted for compensation or hire and no charge of any kind is made for the conduct of the flights.
This gives authorization to operate under part 91. Its not a directive, it does not say shall or must. It authorizes us to fly under part 91 and gives us leave from the OPSPECS if we so choose, for flights under the circumstances listed.
Where is the directive that says we have to disreguard the OPSPECS and only operate under 91 if we don't have PAX on board?