Air LawLektion 20 von 64
20/64Rules of the Air — ICAO Annex 2 / SERA

Responsibility of the pilot-in-command (SERA.2010 / Annex 2 §2.3)

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Responsibility of the pilot-in-command (SERA.2010 / Annex 2 §2.3)

As a PPL holder you are the pilot-in-command (PIC): the final authority for, and the person answerable for, everything that happens on your flight. The exam tests both the scope of this responsibility and its most important consequence — that in an emergency you may deviate from the rules if safety absolutely requires it.

ICAO Annex 2 — responsibility and authority

ICAO Annex 2 §2.3 (Responsibility for compliance with the rules of the air) makes the PIC responsible for the operation of the aircraft in accordance with the rules of the air, whether or not he or she is manipulating the controls. Annex 2 §2.4 adds the PIC's final authority: the pilot-in-command has final authority as to the disposition of the aircraft while in command.

In practice, the PIC is responsible for:

  • Compliance with all rules of the air
  • Safety of the occupants and the aircraft
  • Compliance with the operating limitations of the aircraft
  • His or her own fitness to fly (physical and mental)

SERA.2010 — the European rule

SERA.2010(a) (Responsibilities of the pilot-in-command): the PIC is responsible for the operation of the aircraft in accordance with the rules of the air — and may depart from these rules in circumstances that render such departure absolutely necessary in the interests of safety (emergency authority).

SERA.2010(b) (pre-flight action) requires the PIC, before beginning a flight, to become familiar with all available information appropriate to the intended operation, including in particular:

  • Weather reports and forecasts, NOTAMs, relevant AIP information
  • Fuel planning with reserves, mass and balance, performance
  • Confirmation that the aircraft is airworthy
  • The pilot's own fitness (valid medical; personal check, e.g. IMSAFE)

SERA.2015 confirms the PIC's final authority over the aircraft while in command.

What this means in the cockpit

  • The PIC makes the final decision on every aspect of the flight — including declining or deviating from an ATC clearance if safety demands it (deviations must be reported to the appropriate unit as soon as possible).
  • In an emergency, the PIC is in charge; the emergency authority under SERA.2010(a) covers necessary departures from the rules.
  • Responsibility cannot be delegated: even with a more experienced pilot in the right seat, the designated PIC remains answerable.
  • Violations carry legal consequences (administrative fines, licence action, criminal liability in serious cases).

Germany

In Germany, additionally:

  • LuftVO §3 anchors the responsibility and decision-making authority of the pilot-in-command in national law.
  • The PIC is responsible for conducting the flight in accordance with the prevailing meteorological conditions (see Subject 050, met briefing).
  • The pilot must immediately report observations of dangers to air traffic (hazards to air navigation) to the appropriate air traffic services unit.

Exam essentials

  • The PIC is responsible for the operation of the aircraft in accordance with the rules of the air, whether or not manipulating the controls (Annex 2 §2.3, SERA.2010(a)).
  • The PIC has final authority as to the disposition of the aircraft while in command (Annex 2 §2.4, SERA.2015).
  • The PIC may deviate from the rules of the air when absolutely necessary in the interests of safety (SERA.2010(a)).
  • SERA.2010(b) obliges the PIC to become familiar with all available information appropriate to the flight before departure.
  • The PIC is responsible for his or her own fitness and for observing the aircraft's operating limitations.
  • In Germany, LuftVO §3 restates the PIC's responsibility; hazards to air traffic must be reported immediately to the appropriate ATS unit.
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