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Old 05-10-2010 | 08:32 AM
  #49  
Sink r8
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Joined: Jun 2009
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Whether anything comes of this will not hinge on conversations with center or approach controllers, but on examining actual block-in fuel.

Being somehwat familiar with a fairly similar case, I can tell you that the crew will be scrutinized by the FAA, which will not easily back down if/once it issues some sort of enforcement action. None of this will have to do with the runway the aircraft landed on (all of us here agree he rightfully demanded 31R), but whether he was correct to land there as quickly as he forced it. So the only question will be whether his actual fuel status justified the manner in which he used emergency authority. Remember: the CFR's allow the PIC to use such authority to the extent required to meet the emergency.

Fear not, however: the crew will eventually be exonerated. In the case I know about, it only took a few short years of appeals, and a few hundred grand in legal fees by one of the pilots, and they won. They won the right to return to status quo. Not financial status quo. Not time lost. Not financial loss. They only won the right not to be suspended, and to retain the same clean record they had prior to that flight.

The lesson I took away is that I will not crash to please a controller or a lawyer, and I will not fail to use emergency authority if I find it to be the best course of action. But I will do so deliberately and not to make a point.

So, as long as they indeed landed with very low fuel, I think they're fine. Either way, they will get their kudos. Either now or in a few years.
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