Pilot-in-command's legal authority and responsibility
PIC responsibility:
- PIC responsible for aircraft operation (CAR 602.01.2(1)): every phase of flight, not just take-off and landing.
- No one may interfere or attempt to interfere with PIC's responsibility (602.01.2(2)).
Definitions (TP 1102):
- PIC: person responsible for successful completion of a safe flight.
- First solo: student is PIC, responsible for operation and safety of the aircraft on solo flight. Instructor ensures suitable conditions and precautions beforehand.
Duty to comply (chain of command):
| Who | Must comply with | Cite |
|---|---|---|
| Passengers | Instructions from any crew member respecting safety of the aircraft or of persons on board | CAR 602.05(1) |
| Crew members (during flight time) | Instructions of the PIC, or anyone PIC has authorized to act on their behalf | CAR 602.05(2) |
Emergency deviation (CAR 602.01.3(2)):
- PIC may deviate from Subpart 1 to 3 operating and flight rules, to the extent necessary, in an emergency threatening safety of aircraft, persons, or property.
- Only for the emergency: no general licence to ignore rules.
Airmanship from PIC responsibility (TP 1102):
| Area | PIC duty |
|---|---|
| Airworthiness | Ultimate responsibility that aircraft is in condition for safe flight, e.g. confirm free of contamination before take-off. Go/no-go stays with PIC, even when qualified personnel report on the aircraft (TP 10643) |
| Landing decisions | Landing clearance does not mean runway is hazard-free. PIC keeps look-out, alone decides whether to land |
| Runway selection | Normally runway most nearly into wind. PIC has final authority: may use another runway if deemed necessary for safe operation |
Controlled airport (TP 1102, Responsibility):
- Clearance across a runway, through an active area, or to land does not mean path or runway is hazard-free. PIC must still check before proceeding.
- Restricted visibility or night: vehicle or animal can be on runway unknown to controller. PIC, as final authority, decides if safe to land.
High crosswind on a cleared approach: overshoot and request an into-wind runway, rather than land (TC PSTAR 6.12).
Trap: an ATC clearance or another person's instruction never transfers PIC responsibility.
References
- CARs 602.01.2
- CARs 602.01.3
- CARs 602.05
- TP 1102, Airport Operations chapter (Joining the Circuit)
- TP 1102, Ice and Frost chapter (Contamination Inspection)
- TP 10643 (When in Doubt... Small and Large Aircraft)
- TP 1102, Aeroplane Flight Training Manual (PIC definition, first solo)