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Would you hesitate to declare an emergency?

By Jeffrey Madison · October 9, 2014 ·

The fact that all three of my passengers were throwing up simultaneously left me three options: Tough it out and press on to our destination; join them in their nauseous state; or declare an emergency and get the hell on the ground.

My right seat passenger was a Horizon Air first officer. She thought she was used to bumpy rides. I was flying her to her domicile. She was supposed to report for work there within four hours of our scheduled arrival time.

To top it off, it was only the 11th month of her 12-month probation period. Missing her show time could be reason enough to fire her. I wanted to press on…believe me. I wanted to impress her with my weather flying skills in hard IMC. I wanted to be her hero. But mostly I wanted her to walk my resumé in to her chief pilot the next time a hiring window opened.

Everything in me said, “continue.” Even my front seatmate pleaded for me to gut it out, so I hesitated.

But here’s the thing: It’s a strange reality to be at 8,000 feet and your soundtrack becomes the steady thrum of twin Comanche motors and propellers counterpointing the unsteady gasping and retching of your passengers. When my own stomach began to roil, I knew I had to throw all thoughts of heroism out. I reluctantly chose to declare an emergency and divert to the nearest airport.

“Center, twin Comanche three hundred romeo echo is declaring a medical emergency. I have multiple vomiters onboard and I need clearance down to 2,200 immediately and vectors to KCEC for the ILS 11 approach.”

Without waiting, I initiated an emergency descent and made the turn myself. I’d already pressed the “nearest” button on the Garmin 430, so I knew which direction to head in. ATC didn’t like that move. I could hear the audible distress signal of a near miss in the background when they exhorted me to stop my turn and descent.

After minutes that passed like seconds, we taxied up to the FBO. A crowd surged onto the rainy ramp. ATC, of course, had passed on the nature of our emergency. People had gathered, as intrigued by what might emerge from the plane as they were afraid. My passengers deplaned as best they could, each looking like a pile of clothes just out of the spin cycle.

The Horizon Air FO called in sick and missed her show time, but she wasn’t fired. She and the other passengers did get their first ambulance rides. It was determined that their lunch, not the ride, had sickened all aboard. As for me, I stumbled onto the tarmac and finally succumbed as well.

It sucked to end the trip by declaring an emergency, but it was the smart play. Had I hesitated much longer, I might have become as incapacitated as my passengers. That would have been a disaster.

For many pilots, it’s common practice not to declare an emergency, even though doing so would get them the priority attention they need. Why is that?

Perhaps, for some pilots, it’s the misapprehension that the ramifications of declaring an emergency include extensive paperwork and a probable violation.

Legally, pilots MAY have to file a written report of an emergency in the event of a deviation from a federal regulation. However, according to the FAA, they will not face an FAA violation if their actions are in the interest of safety. Finally, the FAA supports the pilot’s ability and judgment to act in this manner. Despite that, some pilots are loathe to draw undue attention to themselves.

Perhaps it’s human nature to try to avoid embarrassing ourselves. You might think that declaring an emergency is akin to announcing that you have lost control of the situation.

The truth is it’s exactly the opposite. You haven’t lost control. You are taking control of the situation. You are delegating responsibility by commanding the full attention of everyone who can get you down safely. In the business world, that’s called leadership.

In a recent Aviation Safety Reporting System report, also called a NASA report, the pilot noted the engine quit in flight. He managed to find a good landing spot — a closed airport sporting a big “X” on its runway. He told ATC of his engine trouble and then switched over to 121.5 to make a Mayday announcement before landing on the runway. Someone monitoring 121.5 suggested that he declare an emergency before he landed there. Only then did he.

In filing the NASA report, this pilot mentioned that it seemed more natural for him to make the Mayday call than it was for him to formally declare an emergency due to engine failure. Think about that.

Declaring an emergency allows ATC to give you first priority handling to expedite a safe landing attempt. Mayday is used to signal a life-threatening situation. Mayday is the call of last resort. Declaring an emergency is a step well before that.

As one crusty old CFI told me, “Announcing Mayday is telling everyone where to find your wreckage. Declaring an emergency is done to avoid becoming the wreckage.”

And yet, many pilots hesitate to utter those words.

Many of us might not dare to declare in a moment that didn’t smack of peril. Subconsciously, we might think that each pilot is granted a finite number of emergency declarations. But that’s the point of declaring an emergency — to extricate yourself from a situation before it smacks of peril. Doing so is a card to be played when necessary.

The only thing is, they aren’t finite like a deck of cards. You can declare as many times in your flying career as you need to, as long as you can justify.

I discovered two NASA reports for the same incident that address just this issue. Basically, a VFR traffic watch pilot encountered instrument meteorological conditions after being instructed to maintain VFR. The weather, higher terrain, minimum vectoring altitudes and a failure of air traffic control coordination all played a part in this event, resulting in an controller declaring an emergency instead of the pilot.

The controller understood that, given the situation unfolding, the best option was for someone to declare an emergency. He asked the pilot if he intended to do so, essentially inviting the pilot to make the call. Instead the pilot declined. That left the controller no other choice, so he did it for him.

Declaring an emergency allowed the controller to deviate from his own handbook in the name of safety and give the pilot an immediate IFR climb clearance despite being below MVA, thus avoiding a “controlled flight into terrain” crash. It also allowed the controller to eventually vector the pilot to an IFR approach and safe landing.

In his NASA statement, the pilot said it wasn’t until he was on the ground and had talked to the controller’s supervisor that he understood why the emergency had been declared.

Let’s face it. He’s not alone. Would you have had the presence of mind to declare an emergency in that situation? I don’t think I would have. Until I read that report, I doubt it would have occurred to me.

In a different situation under similar circumstances, another pilot also failed to declare an emergency. Here again ATC did it for him after offering the pilot the opportunity to do so first. The NASA report filed by the Tower Controller described what he called an ATC-declared emergency. His account of the event: A VFR aircraft encountered IMC conditions, was unfamiliar with Special Visual Flight Rules procedures and required controller assistance to locate the airport.

Now I don’t know if it’s true, but I’ve been told all my aviation life about a friendly rivalry existing between ATC and pilots. It’s been said that pilots think they’re better than ATC because ATC are pilot wannabes who can’t fly. It’s also been said that ATC think they’re better than pilots because pilots are so dumb they need ATC to tell them where to go.

Whether this rivalry is real or not, I cannot say. After all, some of my best friends are ATC.

But I can say this: As a pilot, I can’t imagine a worse case of relinquishing my hard-earned cockpit control than having ATC declare an emergency for me because I was hesitant to make the right decision.

Given the opportunity to indicate absolute situational awareness, to showcase my full pilot-in-command authority, this is one instance where I wouldn’t want some fed taking that away from me. I’m just sayin’…

About Jeffrey Madison

Jeffrey Madison, a pilot since 1995, is an ATP CFI/MEI. He has over 1,000 hours dual given. He has flown into more than 250 GA airports throughout most of the Lower 48. He is a former Part 121 and Part 135 airline captain. You can reach him at [email protected]

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Comments

  1. David Green says

    January 1, 2015 at 12:19 pm

    One thing the pilot may have forgotten to do – tell his passengers not to vomit out of the windows – it will come right back in on the perpetrator, and everyone else. I always thought that air (and sea) sickness is brought on and exacerbated by the absence of a visible horizon. As an experienced IFR pilot, wouldn’t the instruments have compensated for the invisible horizon, at least for him? In any event, we should all be thankful that the flight didn’t end up as a sad statistic.

  2. Doug Stead says

    January 1, 2015 at 11:23 am

    Better to be judged by twelve then carried by six.

  3. Brian Wendt says

    October 16, 2014 at 8:12 am

    3 vomiting passengers is not an emergency. A call to atc asking for immediate vectors to the nearest airport due to sick passengers would have accomplished a landing within a minute or two of the emergency landing. There are many reasons to declare an emergency, but using the emergency process when lives are not in danger is a misuse of the serious implications of declaring an emergency.. All traffic is halted at nearby airports, all airplanes in the vicinity of the emergency aircraft are vectored out of the way, fire crews are alerted, etc..

    • LCol JF Kyle (ret'd) says

      October 17, 2014 at 8:15 am

      I don’t agree with Wendt. Most of the objectors don’t seem to me to be thinking of three retching passengers and a pilot at the controls honking his lunch all over the dials – IFR…
      He did the right thing. An aviator sensing a valid reduction in safety standards IS person in command ofnhis senses – not the other way around. what a waste of complaints.

  4. James Patrick Lynch says

    October 14, 2014 at 9:08 pm

    Very good advice…i remember saying ” i am in an area of reduced visibility” instead of t is darker than the inside of a boot in here. Long ago…

  5. Raman Gupta says

    October 10, 2014 at 8:25 am

    I’m not sure that crusty old CFI has it right. As I understand it, the words “declaring an emergency” are considered equivalent to a mayday call, but “declaring an emergency” is not standard phraseology while “mayday-mayday-mayday” is. See the FAR/AIM section 3 and ICAO Standard Phraseology.

    Also, keep in mind the “less urgent emergency” which is “pan-pan pan-pan pan-pan” — probably closer to what this article considers to be “declaring an emergency”.

    • LCol JF Kyle (ret'd) says

      October 17, 2014 at 8:22 am

      And another thing:
      I belive the newspaper has it wrong (headliner);
      The landing was not an emergency landing – it was a precautionary landing. The precaution was to avoid the emergency. My airline bosws once said to me:”When I see something which might get worse, I decide what I’ll do. If it does get worse, I’m doing it.”

  6. Kenneth Hetge says

    October 10, 2014 at 8:11 am

    It is interesting that as a society, we have been conditioned to call 911 for everything that is what we consider “out of the norm”. A dog chasing and barking at a kid riding a bicycle, call 911. A jogger trips and falls and skins his knee on the sidewalk, call 911. A tree branch has fallen in the road and is partially blocking traffic, call 911. Could any of these examples be solved without calling 911? You betcha, but we hear it over and over…… call 911.. In summary, kick the dog and pedal faster, give the jogger a paper towel and piece of duct tape and take 30 seconds to drag the branch to the curb. All of these scenarios could most likely be “fixed” on a very local basis.

    However, when there is a 7 car pile up with smoke and fire, bent metal and an uncertain outcome for those involved, we call that same 911. It is clear that if no help is offered nor requested, the situation could get much worse and those involved may not survive.

    Pilots are much different than this. We are the masters of our machines and are trained to keep it airborne, no matter the cost. We dont need no stink’in 911. When it comes to a skinned knee, we are headed for the phone and can find the digits with our eyes closed. But, If there is risk of turning into a smoking hole, with loss of life and limb, the second guessing starts and you begin to question yourself. What will the guy on the other end of the frequency say or think about my “mastery of aviation”?

    Stop it!! The need for help while flying is nothing more than a dialogue or dance with the guy on the other end of the radio.. The guys/gals on the other end will help you get out of a jam and are trained to do exactly that. They are experts at managing airspace issues just as you are at flying your machine. Who cares if you are given a phone number to call or a few papers to fill out. You had an emergency and felt you needed help. You may have felt the dog chasing the kid on the bike had rabies and justified a call to 911. This is explainable and justified.

    At 16 years old and flying from the grass strip in Jerseyville, Illinois, my retired Ozark Airline CFI instilled in my young thick head that if you need them tell them now because if you hesitate it may be too late to get a positive outcome. 35 years later I still remember those words and have no problem with starting the dialogue or “doing the dance” with the guy on the other end of the scope.

    You are the only one who decides when to call 911……just never wait too long.

  7. Dick says

    October 9, 2014 at 2:56 pm

    Excellent article! The how, when and why of declaring emergencies should be thoroughly taught in the late stages of obtaining ANY rating. Had I receive that training I definitely would have declared an emergency when I was on an instrument flight plan inside a heavy rainstorm climbing through complex metropolitan airspace toward mountains and given an amended altitude to reach that was beyond the practical limits of my Cherokee 140.

    “Are you declaring an emergency? I was asked. My reply was something similar to “No, I’m turning around and returning to the airport” Why did I not say yes. Because I was afraid I would have to go make a report and not be able to continue my trip. And I did turn around. It was mid-morning but it looked like late evening inside that storm. I was wrong and I realized that later and have remembered it many times over the years.

    I also got an apology from the tower as I taxied back to my tiedown, for receiving an enroute change to my original course assignment, which had required only 9,000 feet altitude instead of the amended route requiring 11,000 feet. And I got an offer to get me out again on the originally-requested route.

    However, I made up for my dumb decision not to declare an emergency by tying down the plane, putting my luggage in the car and driving to my destination. The storm proved to be much worse than forecast.

    • Jeffrey Madison says

      October 10, 2014 at 4:39 pm

      Fantastic story, Dick! Harrowing, too. I just learned something from it.

      Thanks for sharing that with me and the readers.

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