If you've got it - use it.
Philosophically, as a performance engineer, I couldn’t agree more.
However, we need to make sure that we don’t expose ourselves, needlessly, to CASA censure and, far more importantly, to real legal censure after the accident where folks are injured or killed. Again, the caveat is that I have no legal expertise so my comments need to be read with that in mind – the lawyers might just come up with a different interpretation.
4 Take-off weight limitations
4.1 An aeroplane must not take off at a weight in excess of the least of the weights determined in accordance with subparagraphs (a) to (d):
(a) a weight at which the take-off distance required under subsection 6 for the pressure height, temperature, runway slope (if in excess of 1%) and wind component along the runway, is equal to or less than the take-off distance available in the direction of take-off. Approved declared conditions may be used instead of actual pressure height and temperature;
This ties it in with S6 so we need to read both in conjunction. Never mind that the permission to use declared conditions makes it all a bit of a joke when it comes to splitting hairs.
There is a clear requirement to consider slope if it is greater than 1% but I see no inherent prohibition on considering slope for shallower runway gradients.
6 Take-off distance required
6.2 For aeroplanes operated on land, take-off distances are to be determined for a level short dry grass surface. For aeroplanes operated on water, take off distances are to be determined taking into account the maximum crosswind component and the most adverse water conditions for the aeroplane type.
6.3 Where there is an approved foreign flight manual or a manufacturer’s data manual for an aeroplane that sets out the take-off distance required for that aeroplane, then that aeroplane must be operated so as to comply with either the requirements set out in paragraphs 6.1 and 6.2 or the requirements relating to take-off distance set out in either of those manuals.
I suggest that the silliness of the discrepancy between S4 and S6 regarding slope reflects only the fact that the Regulator has never bothered to tidy up the discrepancy. Without digging into the archives, my recollection is that it has been there for a long time.
It is not just the slope consideration; the variation in surfaces (read presumed/assumed rolling coefficients of friction) can have a marked effect on the numbers which come out of the calculations.
Use of the OEM data, again and potentially, makes for a concern. Keep in mind that there is a distinct difference (which can be quite significant in the performance arena) between “an approved foreign flight manual” and “a manufacturer’s data manual”. The former (which should be “good gen”) has a tick from the Regulator (typically the FAA for most of the Australian fleet) while the latter is commercial information only which may, or may not, have much tie-in with the Design Standards. This latter consideration probably is only a concern for much older aircraft which predate the general introduction (quite a few years ago, now) of the GAMA Spec No.1 format POH documents (which include both classes of document).
As one might see on very much older nautical maps, “Here be dragons”.
I suggest that what this means is that one should only consider slopes and surfaces to the extent that such imposes a penalty compared to the S6 requirements. That is to say, including uphill slopes (which will increase the TODR) and other than sealed surface data (likewise) ought not to be a problem. However, I see a potential adversarial contention if you go the other way ….
5 Landing weight limitations
5.1 Except in an emergency, an aeroplane must not land at a weight in excess of the least of the weights determined in accordance with subparagraphs (a) and (b):
(a) a weight at which the landing distance required in accordance with subsection 10 for the pressure height, temperature, runway slope (if in excess of 1%), and wind component along the runway at the time of landing, is equal to or less than the landing distance available in the direction of landing. Approved declared conditions may be used instead of actual pressure height and temperature;
Similar comments to those before …
10 Landing distance required
10.2 For aeroplanes operated on land, landing distances are to be determined for a level short dry grass surface. For aeroplanes operated on water, landing distances are to be determined on flat broken water.
10.3 Subject to paragraph 10.4, where there is an approved foreign flight manual or a manufacturer’s data manual for an aeroplane that sets out the landing distance required for that aeroplane, then that aeroplane must be operated so as to comply with the requirements set out in paragraphs 10.1 and 10.2 or the requirements relating to landing distance set out in either of those manuals.
Similar comments to those before …
In the landing case, we ought not to have a problem using downhill slopes – surface can be a bit more of a concern but can be figured by inspection of the landing chart data.
Perhaps Bob might refer the question to his legal man for comment ? I would be interested in hearing what the legal side of the house might have to offer on the matter.
As to how this should affect the exams ? Beats me, folks – as always, just try to fly the check captain (examiner) on the day. The poor old examiner has the same problem - he has to do his best to incorporate whatever the rules might mean into his exam questions.