Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Functions, powers, and duties of participants in the civil aviation system

13A: Duties of pilot-in-command and operator during emergencies

You could also call this:

“Rules for pilots and operators during emergencies”

If you’re flying a plane and there’s an emergency in the air, you can break the rules if you need to. But you can only do this if:

  1. There’s a danger to life or property
  2. You only break the rules as much as you need to deal with the emergency
  3. There’s no other way to help with the emergency
  4. It’s more dangerous to follow the rules than to break them

If there’s an emergency on the ground and you need to quickly move people or important supplies to save lives or property, you can also break the rules. The same four conditions apply.

You can’t use this rule to fly a plane that isn’t registered properly, or to fly a plane that isn’t safe to fly, or to let someone fly who isn’t allowed to.

If you do break the rules because of an emergency, you must:

  1. Tell air traffic control right away
  2. Tell the Director of Civil Aviation as soon as you can, explain what happened, and write a report if they ask you to

Remember, you can only break the rules if it’s absolutely necessary to deal with a serious emergency.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM215767.

Topics:
Transport and travel > Air travel
Previous

13: Duties of pilot-in-command, or

"Pilot's main job: Keep everyone safe and follow flying rules"

Next

14: Objectives of Minister, or

"The Minister's job is to make sure planes and airports work well with other transport in New Zealand"

Part 2 Functions, powers, and duties of participants in the civil aviation system

13ADuties of pilot-in-command and operator during emergencies

  1. Subject to subsections (2) and (6), in an emergency that arises in flight, the pilot-in-command may breach the provisions of this Act or of regulations or rules made under this Act.

  2. For the purposes of subsection (1), a breach of any prescribed requirement is permitted only if the pilot-in-command is satisfied that—

  3. the emergency involves a danger to life or property; and
    1. the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
      1. there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
        1. the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.

          1. Subject to subsections (4) to (6), where an emergency (not being an emergency that arises in flight) necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property, the pilot-in-command of the aircraft or the operator of the aircraft may breach the provisions of this Act or of regulations or rules made under this Act.

          2. For the purposes of subsection (3), a breach of any prescribed requirement is permitted only if—

          3. the emergency involves a danger to life or property; and
            1. the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
              1. there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
                1. the degree of danger involved in deviating from the prescribed requirement is clearly less than the degree of risk in failing to attend to the emergency.

                  1. Nothing in subsection (3) permits—

                  2. the operation of an aircraft that is not registered in New Zealand or elsewhere; or
                    1. the breach of any prescribed requirement as to the airworthiness of an aircraft; or
                      1. the operation of an aircraft by a person who is not lawfully entitled to operate that aircraft.

                        1. Where, in any emergency described in this section, a pilot-in-command or an operator breaches this Act or regulations or rules made under this Act in accordance with the provisions of this section, the pilot-in-command or the operator, as the case may be, shall—

                        2. immediately notify the relevant air traffic control service of the action; and
                          1. as soon as practicable, notify the Director of the action and the circumstances that necessitated it, and, if requested by the Director, provide to the Director a written report in respect of the action.

                            Notes
                            • Section 13A: inserted, on , by section 7 of the Civil Aviation Amendment Act 1996 (1996 No 91).