Civil Aviation Act 2010 · As enacted · Chapter VIII · Aircraft Operation
72. Actions by a Pilot-in-Command in an emergency
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Official translationFrom Department of Government Printing, unchanged
Without prejudice to the provisions of section 71, a Pilot-in-Command shall—
be responsible for the safe operation of the aircraft in flight, safety and well being of all the passengers and crew and safety of the cargo being carried;
have the final authority to control the aircraft while in command and maintain discipline among all persons on board; and
subject to the provisions of subsection (2), be responsible for compliance with all relevant requirements imposed under this Act, any regulations or rules made thereunder and the implementing standards relating to aircraft operations.
Notwithstanding the provisions of subsection (1), a
Pilot-in-Command may in an emergency, deviate from complying with any provisions of this Act or any regulations or rules made thereunder or any implementing standards relating to aircraft operations, where he is satisfied that:—
the emergency involves a danger to life or property;
the deviation is necessary in order to deal with the emergency situation;
there are no reasonable means available for alleviating or avoiding the emergency; and
the degree of danger involved in complying with the requirements of this Act or any regulations or rules made thereunder or any implementing standards relating to air craft operations, is manifestly greater in degree than the danger involved in deviating from them.
Where a Pilot-in-Command in an emergency deviates from any requirements under subsection (2), he shall:—
forthwith notify the relevant air traffic control of such deviation; and
notify the Director General as soon as practicable of such deviation and where required by the
Director-General, submit a written report relating to his actions.
In the event of any national emergency, calamity, crisis or disaster and for the sole purpose of rescuing lives or property or providing relief to the parties affected or is likely to be affected from such an event, the Director General shall in so far as the same is necessary for dealing with such emergency, calamity, crisis or disaster, have the power to suspend temporarily the application of one or more requirements imposed by of this Act or any regulations, rules or implementing standard made thereunder or any directives issued thereunder. The Director General shall in respect of each such occasion that any such temporary suspension has been effected, submit a written report to the Minister which shall contain a detailed account of the suspension in question.
The Minister shall cause such report to be tabled in
Parliament.
Chapter IX
Commercial Air Transportation
Chapter X
Offences and Penalties
Chapter XI