飞行员操作飞行手册Pilot Operational Flying Manual

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had not been laid before the

Trinidad Parliament. Since Civil

Aviation subordinate legislation

purports to be enforceable by

criminal proceedings (that is, you get

punished if you break it), it occupies

the same position. In a remedial case,

though, some latitude would be

allowed, such as where a person was

being refused a licence which would

enable a living to be earnt because

the law had not gone through the

proper procedure—righting a wrong,

in other words.

Interpretation

Expressions in subordinate

legislation have the same meanings

as those in the Act behind it, unless

there is a clear statement otherwise,

so you can’t use “ordinary

meanings” as with normal statute. In

fact, interpretation must be done in

terms of:

· a combination of the common

law rules for interpretation of

statute

· the particular enabling Acts, and

· the context of the regulation

concerned

using the Interpretation Act 1978 as a

guide, not the circumstances of the

case. This is because legislation

cannot necessarily be taken to mean

what it says because it may be badly

drafted, leaving the law open to

interpretations the enabling Acts do

not permit, from which injustice

could result (Commissioners' Decision

1/74). As far as we are concerned,

the first interpretation is made in the

cockpit. You (as Commander) have

the final authority as to the

disposition of your aircraft (Chicago

Convention Annex 2 Chapter 2, as

embodied in the Civil Aviation Act

1982), while you are in command,

therefore your word is law until

overturned by judicial review on an

application made within 3 months by

a person with a lawful interest.

In the case of any dispute, the

question of interpretation is always

primarily a matter for the High

Court, because a magistrate’s court

tends to concern itself with fact and

not law (that is, as to whether a case

should be brought in the first place),

with the above methods of guidance

being used as support in case of

ambiguity. Any judgements resolving

this would probably take place in

accordance with the spirit of the law,

that is, what, in the judge's opinion,

was the presumed intention of those

who made it. Provided a literal

interpretation isn't absurd, then it

applies regardless of any

inconvenience it may cause (subject

to the doctrine of precedent).

Legal Stuff 275

Precedent

Law arises from these judicial

interpretations as well, because

notice is taken of them in later

proceedings, depending on the status

of the court in which they were

made. Interpretations made in the

House of Lords (which is the highest

court in the land) are binding on any

lower courts, but not the other way

round—what a Crown Court may

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provisions thus become part of the

Act. As long as the Act and

Regulations are not found

unconstitutional, as an Act of

Parliament they are valid and

enforceable. Ordinary rules of legal

procedure apply and a person

aggrieved by a charge has the right to

seek legal representation to overturn

the charge (having said that, be wary

of the enforcement division’s

tendency to impose sanctions

without benefit of a hearing).

Anyway, in UK, to be enforceable,

subordinate legislation must also be

given judicial notice, so it can be

admissible evidence in a Court of

Law. It's worth noting that the Civil

Aviation Act 1982 does not appear

to grant this to its subordinate

legislation, which has the effect of

shifting the burden of proof of being

intra vires (or within its terms of

reference) to the maker of the law,

rather than to you to prove the

opposite, that is, that it may be ultra

vires. In the absence of provisions

requiring judicial notice to be taken

of it, subordinate legislation must be

pleaded (and proved by) the party

seeking to rely on it, but this virtually

never happens.

Although subordinate legislation

need not necessarily be brought to

Parliament’s notice (because there's

so much of it), the Act behind it

usually requires submission to

Affirmative or Negative Resolution

procedure. The difference is simple;

where affirmative procedure is used,

SIs do not become law unless

actually approved by Parliament—in

other words, a vote of approval is

specifically given. Negative

procedure means they are law unless

rejected by Parliament within 40

days. In the case of the Civil

Aviation Act 1982, as to whether a

particular procedure is used or not

depends on Schedule 13, which

expressly provides that negative

resolution procedure is to be used,

except for noise certification, which

uses the affirmative.

The process is overseen by a

Committee, which unfortunately

only has jurisdiction while the

Instrument lays before Parliament. It

meets every 14 days, so it is possible,

with judicious timing, for

Instruments to get the minimum

time for scrutiny, as there is no prepublicity – it just arrives on the table,

so to speak, at the same time as in

274 Operational Flying

the shops and both Houses. As there

are not many members on the

committee, and they may need to

look at over 100 at a sitting, for all

practical purposes Instruments are

not read.

There is no general rule as to when

an Instrument may be unenforceable

because the wrong procedure was

used, because each case turns on its

own circumstances. A penal statute

(that is, one which involves penalties

for its contravention), however,

must be strictly observed, a classic

case being that of Ronald Biggs, who

could not be extradited from

Trinidad because the extradition

treaty between Trinidad and the UK

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unless it is expressly or necessarily

implied that it has been properly put

into abeyance by plain words in an

Act of Parliament.

In the US, Common Law was

replaced with Merchant Law in 1938,

at least at the federal level, because

there were two systems running at

once (i.e. Civil and Common), and it

needed to be sorted out. In fact, in

some states, such as Ohio, Common

Law activities are no longer legal,

including marriage.

Administrative Law

Parliament often makes laws about

subjects it knows nothing about, or

cannot keep up with, or which are

strictly for a local area (i.e. bye-laws),

so it may grant a suitably qualified

authority the power to make laws on

its behalf, which saves a lot of time.

This is known as subordinate

legislation (or more commonly, and

wrongly, as delegated legislation). The

Canadians call it Administrative Law,

which is a better name. It is brought

to the notice of the public mostly by

statutory instruments (in this context, an

"instrument" is another name for a

document), which is where we come

in, because that is how the Air

Navigation Order, and most other

laws that affect your professional

life, have been made (the ANO is

both a Statutory Instrument and an

Order in Council). In contrast, CAA

Charges Schemes are subordinate

legislation but not statutory

instruments, in the same position as

the appointment documents of an

Authorised Person, discussed later.

The major point concerning this

type of law is that it can be invalid

under certain circumstances, whereas

an Act of Parliament cannot. When

this happens, it is known as being

ultra vires when it purports to deal

with subjects outwith its terms of

reference (ultra vires is Latin for

"outside the powers"). This could be

where some conditions concerning

its existence are not fulfilled, such as

the print size in the SI document

Legal Stuff 273

being not the same as specified. You

may think this is a technicality, but

this method of law-making must

have strict controls, for obvious

reasons, and every effort is made to

give the citizen the benefit of the

doubt, as it's not on to deprive

anyone of their rights because

somebody got the procedures

wrong. For example, there was a

gentleman who escaped a parking

ticket because the yellow lines he

was parked on were 2 inches thinner

than the size specified. In this way,

Parliament is supposed to keep a

tight control on any authority that

may be created by Act of Parliament,

because the end result could be that

Civil Servants make unauthorised

laws, and they aren't elected.

In Canada, the Aeronautics Act

confers upon the Governor-in

Council (i.e. the Cabinet) the

authority to make regulations which

are then part of the Act, i.e. CARs.

The Governor-in-Council in turn

makes regulations authorising the

Minister of Transport. Enforcement

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have views on what is usually

regarded as the province of experts

(after all, the Wright Brothers were

bicycle mechanics). And that is what

this Chapter contains; my views, that

may very well have suffered from the

attempt to translate laws into plain

English, so if you need it, get proper

legal advice. In other words, sticking

to the medical theme, a headache

may be a symptom of something

worse.

Digression: The “proper” legal

advice can often be wrong, which is

helpful when your legal insurance

insists you do what their lawyer says.

Law in General

You probably feel by now that

you’ve had enough law to last you a

lifetime! The trouble is that aviation

is affected by a lot more about

normal commercial life that needs to

be known to protect your interests,

which, when you think we all started

off with Ten Commandments,

makes you wonder. The background

to some is international, but most

come about in the way that UK law

is usually created, the most

distinguishing feature being that not

all of it is written down. Luckily,

most of what concerns you is.

Common Law

Very briefly, but accurately enough

for our purposes, UK law

commences with the Common Law,

which derives its power from having

been around from "time

immemorial", a phrase which

technically means from before 1189,

and from not having been put into

abeyance by Act of Parliament.

272 Operational Flying

Common Law is not written down,

but its principles are regarded as

common knowledge among the

population, based on the idea that

people have certain rights as a result

of being created by God (who is

supreme). During medieval times,

when people went off on Crusades,

etc., they would return to find the

King had declared their lands vacant

and taken them for himself, which

would include towns, animals, serfs,

and the rest, so, on June 15, 1215,

various Lords forced King John to

sign the Magna Carta at Runnymede,

which guaranteed the common man

his rights, hence Common Law.

One of these was the right to enter

into contracts, and be bound by

them, which becomes relevant with

Public Transport, mentioned later,

but what’s more important right now

is the Common Law Right of

Silence, which means you're not

obliged to say anything to anyone on

the very reasonable premise of not

being expected to incriminate

yourself. New legal developments do

not propose to take this away, but

allow juries to take your silence, and

reasons for it, into account, which

may be commercial, or otherwise

(but see also Statements, below).

Common Law cannot be altered by

Parliament or any other authority. It

can, however, be put into abeyance,

but comes back into effect when

that provision is repealed or

replaced. The common law applies

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Fire has three elements—fuel,

oxygen and the heat. Take one away

and it stops. With dangerous goods,

you can get fire from the chemical

reaction of flammable materials with

an oxidising agent – you don’t

necessarily need a source of ignition.

A Class A fire is an ordinary one,

that is, of normal combustible

material on which water is most

effective. A Class B fire is in a

flammable liquid, such as oil or

grease, where you would probably

use a blanket. A Class C fire is

electrical, for which you need a nonconducting extinguishing agent. For

the latter two, you could use either

Carbon Dioxide or Dry Powder

(which ruins the avionics), but the

fumes may be toxic, so you will need

plenty of ventilation afterwards. A

Class D covers other materials, such

as metals, that may burn.

To help you identify the source,

smoke associated with electrical fires

is usually grey or tan and very

270 Operational Flying

irritating to the nose or eyes (it

doesn't smell too good, either).

Anything else (say from the heater)

tends to be white, but you may get

some black from upholstery.

If you think you have an electrical

fire, it's no good just using the

extinguisher, because you may just

be treating the symptom and not the

cause, although there is a school of

thought that advocates not using an

extinguisher at all if you can possibly

help it, due to the fumes and stuff

you have to breath in till you land.

Whatever you do, transmit a Mayday

before it’s too late—you can always

downgrade it afterwards. Bear in

mind also that your first strike with

your extinguisher is the best, because

the contents and pressure decrease

from then on.

Next, put an oxygen or smoke mask

on, if you have one, then bring on

essential electrics one at a time until

the smoke appears again.

On the ground, engine fire drills may

vary considerably between different

types, and these will have to be

memorised, but there are some

general points that can be made.

One is, before evacuating the

aircraft, make sure the parking brake

is off, so it can be moved

somewhere safer if things get out of

hand, always being aware that it

could run off by itself, as well! If the

fire has been caused by spilt fuel, has

spread to the ground under the wing

and the other engine has been

started, taxi clear of the area (or

more specifically, the fuel on the

ground) before evacuation, keeping

the fire on the downwind side. If the

other engine has not been started,

evacuate first, carrying out what

drills you can.

If you can, use the radio to summon

help, and don't forget to take the

extinguisher. Remember that human

beings en masse need very different

handling than when single.

In the air, initial shut down actions

are similar everywhere—after

performing vital actions from

memory (e.g. identifying the source

and all that), refer to the checklist to

see if you haven't forgotten anything.

If the engine has been secured

promptly, the fire should go out

quickly after the fuel supply has been

cut off. You will find, however, that

structural failure of the wing will be

imminent after about two minutes if

the fire is uncontrolled, which is a

sobering enough thought to make

you commence emergency descent

IMMEDIATELY, no matter how

good it looks.

If you've got extinguishers in the

engine bays, delay actuating them

until the engine has been secured

and you've no reason to suspect a

false alarm; that is, unless you can

actually see signs of a fire. In the

cabin, whether in the air or on the

ground, the priority is to get out, and

as soon as possible, because if the

flames don't get you, the fumes will.

The only difference between the two

situations is how quickly this can be

done, and what you can do about it.

Legal Stuff

The first point to bear in mind is

that this chapter applies mainly to

the UK, though there are enough

hints for people elsewhere to

benefit, especially in Canada, where

the legal systems are similar, and a

lot of it is international anyway. The

second is quite simple—I am not a

lawyer. I have had some training in it

as part of wider Transport

examinations, but I cannot lay claim

to any great theoretical knowledge.

However, in much the same way that

you don't have to be a doctor to

diagnose a headache, a layman can

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provision of spares, tools,

personnel and the compilation

of and amendment to any

technical publications that may

be about, including the

completion of log books.

· Control of deferred and

repetitive defects; somebody

needs to keep an eye on the

Tech Logs as they are returned

from each flight to make sure

the same faults don't keep

recurring.

The agreement should also include

termination or expiry arrangements

(not financial) and any action that

may be taken without the Company's

approval, or which need agreement.

Techie Stuff 269

Type Certification

This happens at the end of an

aircraft’s certification process, when

the aircraft is proven to have met

minimum design requirements. A

Type Certificate Data Sheet (TCDS) will

detail the equipment needed for the

aircraft to continue meeting the,

which is where the MEL and CDL

are derived, since pilots will not

normally have access to it. The C of

A will require that the aircraft be

operated under the TCDS.

If equipment used is not cargo, is

used during flight and interacts with

controls or systems, or affects

performance, aerodynamics or

handling, you need a Supplemental

Type Certificate (STC) for it, which

may also be included in the Flight

Manual if pilot attention is required.

Busbars

The lighter an aircraft is, the better,

so it's impractical (if only for weight

saving) to run a wire from the

battery to every component used on

it. A better solution is to run a single

(big) wire to a collection of electrical

appliances and serve all of them

from the end of that line, which is

what a busbar is all about. Physically,

an electrical busbar (bus for short) is

a metal bar with provisions to make

electrical contact with a number of

devices that use electricity. There's

nothing to stop you having main

buses supplying secondary ones.

Essential things to know about buses

are what they power, how to reroute

power to them and how to isolate

them, like fuel tanks. All aircraft

must have standby electrical power

systems, in case the normal one goes

down. For small aircraft, this is

usually the main battery, which is

oversized for this reason. The

problem is, it's time-limited and,

although there is a theoretical

minimum, it's not always safe to rely

on more than about 10 minutes.

It's helpful to know which

equipment (on which buses) uses the

least power, which will be listed in

the Flight Manual. It's perfectly

possible to navigate successfully by

only turning the VOR (or whatever)

on every 5 minutes and off after a

minute having fixed your position.

The same principles apply to

everything else, and will go a long

way towards conserving battery life.

Fire

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is accepted by the new one.

Types of check include 50-hour,

100-hour and Annual, the last being

where the C of A is renewed as well

(unless the MAUW is below 2730

kg). There are variations, but regular

checks (such as 50- and 100-hour

checks) can be extended by 5 or

10%, respectively, for scheduling,

but this should not be used as part

of normal operations (lack of

planning on your part doesn't justify

an emergency on an engineer's part).

268 Operational Flying

Checks are also valid for a period of

time, 62 days for public transport, so

the servicing will still have to be

carried out, even if no flying has

taken place (this can also be

extended for a short time at the

engineers' discretion). Some

maintenance companies submit

schedules for checks at 75 or 150

hours, and vary other aspects of

their operation. In between, there

will also be times when components

need to be changed, either on a

planned or emergency basis.

A Certificate of Maintenance Review is

issued after every Annual Check and

a Certificate of Release to Service after a

regular service (or 62 day

inspection). Both documents should

be current at all times. A Certificate

of Release to Service is not valid by

itself—it must be backed up by a

Certificate of Maintenance Review.

When a company applies for an Air

Operator's Certificate (see Setting Up

A Company), Flight Ops 7 of the

CAA will want to ensure that this

aspect of your operations is

satisfactory. It's not so much a

problem if the maintenance is done

in-house, but if your Company has

sub-contracted this out, a written

agreement needs to be in force

between the two parties detailing

exactly who does what and the

general divisions of responsibility.

You would be forgiven for thinking

there are certain things an

engineering outfit gets up to that can

be taken for granted, but such is not

the case. For example, you would

expect them to supply tools, spares

and suitably trained personnel as a

matter of course, but your contract

needs to spell this out in detail.

Engineering companies have

Engineering Manuals and

expositions, which are equivalent to

Ops Manuals, and their standard

procedures will also be laid out in

these, so between the two of you,

you should be able to crossreference everything quite

satisfactorily. Just in case this is

difficult, here's a small sample of

what you may need to include:

Operator's name and AOC number,

and equivalent details of the

engineering support organisation.

Title and reference number of the

Exposition or Engineering Manual

concerned.

Any sub-contracts arranged for

either party for anything specialised,

such as Avionics.

· Specific responsibilities for

compliance with statutory

requirements, Service Bulletins,

mandatory modifications,

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(especially when wind speeds are

expected to be high, in which case

consider picketing as well), and all

doors, hatches and windows should

Techie Stuff 267

be closed when the aircraft is left

unattended.

Anti-collision lights should be

switched on immediately before

starting engines, but it is suggested

(like the military) that this be done

immediately the aircraft is occupied,

always having due regard for the

capabilities of your battery. Speaking

of which, always leave the anti-col

light switches on when leaving the

aircraft, because that lets you know

you've left the Master switch on.

Don't forget the usual taxying

procedures, such as not using the

brakes too much, or using aircraft

momentum when turning corners to

save using the engine. Engine runups

(like on power checks) should be

done into wind for better engine

cooling and least strain on the prop,

and away from loose items on the

ground, both to protect people

behind and the prop itself, as it the

airflow around the tips will tend to

pull bits of gravel etc towards it, and

cause damage.

Lastly, let me mention oil cans,

which come sealed so you need a

special implement to open them.

Actually, you can use a screwdriver,

but whatever you use, don't bang it

down on the lid to get your way in,

but gently prise it open. This stops

you getting slivers of metal in the oil

which may disagree with your

engine.

Maintenance

There are two types of maintenance,

Scheduled and Unscheduled, which

basically speak for themselves. Both

are supposed to ensure that an

aircraft is kept at an acceptable

standard of airworthiness.

Depending on the performance

category and its maximum

authorised weight, there will be

different schemes covering this, but

the nature of General Aviation

means that aircraft are very often not

seen by an engineer from one

scheduled check to the next. Aircraft

below 2730 kg come under the

general umbrella of the Light Aircraft

Maintenance Schedule (LAMS). Those

exceeding this weight must comply

with an approved maintenance

schedule.

The Maintenance Schedule (which is

only valid for a given period, and is

not usually transferrable) contains

the name and address of the owner

or operator and notes the type of

aircraft and equipment fitted. It lays

down the periods when every part of

the machine will be inspected

(including the Check A) together

with the type and degree of the

inspection, including the periods of

cleaning, lubricating and adjustment.

Maintenance Schedules are written

specially for each aircraft (although

they can share the same one) so it

can be awkward to change

Maintenance Contractors as the

equivalent of an Annual Check may

have be carried out before an aircraft

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Curve, this is a chart for helicopters

that compares speeds against heights

to give you an idea of where not to

be if you don't want to kill yourself if

an engine fails, that is, you don't want

to be at high altitudes with low

speeds, or low ones with high

266 Operational Flying

speeds, so the best place to be is in

the gap between the shaded areas:

In other words, the graph shows

combinations of speed and height

that the average pilot would find it

impossible to make a safe emergency

landing from. For more of a chance,

a one-second delay is factored in for

minimum skill levels.

A couple of points to note first of

all: one is that you should check to

see if the chart is in the Limitations or

Performance section of the Flight

Manual (the BK 117's moves to the

limitations section once you go into

high density seating). If it's in the

latter, its requirements are

recommended, not mandatory. Another

is that it is not necessarily valid for

approaches, being calculated for

level flight conditions (see below).

Some helicopters, like the TwinStar,

sometimes don't have one at all. It's

importance, therefore is for takeoff,

although in some circumstances, it is

more dangerous to try to avoid the

curve, especially if you might only be

in it for a few seconds (as when

getting out of a confined area, for

example).

Anyhow, the vertical shaded area in

the diagram above is called the low

speed section, which is actually split in

two parts at the knee of the curve,

although it's never shown (the knee

is the furthest point at which the

curve extends). The lower portion is

for takeoff power (no intervention),

and the upper portion is for level

flight (cruise power, hand not

necessarily near the collective, so one

second allowed for intervention

time), and the whole area will

expand with Density Altitude. On

approach, you have your hands on

the controls and are using less than

cruise power, so the same figures

don't work.

The other shaded area is called the

high speed section, and the clear area

between them is the takeoff corridor.

Takeoffs and performance

calculations should definitely take

account of the curve, which is

constructed at maximum weight,

with no wind at a density altitude of

at least 7,000 feet. Those of lesser

quality must be verified (that is,

actually flown) by the relevant

Authority.

Aircraft Husbandry

A company can tell how well its

pilots look after their aircraft by the

amount it spends on servicing—the

lower the costs, the better they are.

Aircraft should not be parked on

soft or sloping ground, and suitable

chocks should be placed under the

main gear wheels of aeroplanes.

They should be parked into wind

whenever possible, with the

nosewheel in line with the fore and

aft axis. Control locks and covers

should be used whenever convenient

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can hold more moisture.

With smaller engines, use full

settings—that is, either on or off, with

no in-betweens - the greatest risk is

at reduced power. Out of Ground

Effect hover performance charts for

helicopters usually assume the carb

air is cold (the R22 requires heat

below 18" MP). In fact, when heat is

applied, an engine will typically lose

around 9% of its rated power.

Techie Stuff 265

Rough running may increase as

melted ice goes through the engine.

Also, be careful you don't get an

overboost or too much RPM when

you reselect cold. Of course,

aeroplanes have some advantage if

the engine stops from carb icing, as

the propeller keeps the engine

turning, giving you a chance to do

something about it.

In a helicopter, due to the freewheel

that allows autorotation, the practice

of only selecting hot air when you

actually get carb ice may not be such

a good idea – usually, a gauge is used

with a yellow arc on it, showing the

danger range.

Use carb heat as necessary to keep

out if it. The other peculiarity with

regard to helicopters is that they

tend to use power as required on

takeoff, whereas aeroplanes use full

throttle. This makes them more

vulnerable, as the butterfly opening

is smaller, and is particularly

apparent on the first takeoff of the

day, when the engine and induction

system are still cold. If it is filtered,

your carb heat may be used to

preheat the induction system during

the engine warm-up.

Oil Cans

Whatever you use to open them,

don't bang it down on the lid, but

gently prise it open, so you don't get

slivers of metal in the oil which may

disagree with your engine.

Schermuly Flares

Flares should be stored for a

maximum of 4 yrs between 0-25º C,

and only be installed for 1 year or

1000 flying hours. Check that the

centre contact in the mounting

moves freely and is clean, and the

locking and securing ring threads for

damage. When not carrying flares,

the plastic cover plate should be

fitted and the securing ring locked

with the locking ring.

Test the firing circuit with a suitable

50W 24V bulb and holder in a cutdown fired flare case. Before

installation of any flares a "no volts"

check of the firing circuit (using a

millivoltmeter) should be made.

The securing ring must make a good

electrical contact with the flare case,

achieved by rotating the flare with

the securing ring partially tightened.

When tightening the ring, rotating

the flare will help give the required

tightness. The locking ring must be

tightened (if in doubt, the

flare/circuit resistance should be less

than 5 ohms). If a circuit resistance

check is performed, a safety

ohmmeter must be used and the

measured resistance should be in the

range .8-1.2 ohms.

Height/Velocity Curve

Otherwise known as the Dead Man's