Circling in lieu of missed approach?

[John Collins]

That's correct. However, my experience and discussions tell me that for safety reasons, Flight Standards doesn't enforce that interpretation. Further, that interpretation creates the absurd situation where at some airports, you cannot land off the approach because it's circling only, and circling in the pattern direction contradicts a "Circling [direction] of the runway NA" restriction. See KXLL VOR-B for an example.

And I'd like to strangle whoever asked them for that stupid interpretation.

I didn't ask the original question, but did ask that the General Counsel reconsider it. My understanding based on the corrected interpretation is that the language "General. Unless otherwise authorized or required" permits circling when the procedure requires circling in the opposite direction because of the notes on the approach chart, IOW it is both authorized and required by the procedure.

 

[poadeleted20]

I didn't ask the original question, but did ask that the General Counsel reconsider it. My understanding based on the corrected interpretation is that the language "General. Unless otherwise authorized or required" permits circling when the procedure requires circling in the opposite direction because of the notes on the approach chart, IOW it is both authorized and required by the procedure.

I'm good with that.

 

[roncachamp]

It's not an unconditional yes. You can't do that at a tower-controlled airport without Tower's approval.

It's pretty clear the OP was referring to an untowered field.

 

[nosehair]

There certainly is if flight that low is not necessary to land. Do a circling approach at 400 AGL on a clear day over a congested area, and you are in violation of 91.119. Those minimum altitudes apply until it is necessary to land, and if it's clear and a million, it's not necessary to descend below 1000 AGL over a congested area until passing the abeam position.

Only the PIC can decide when it is necessary to descend to land.

 

[Palmpilot]

I'm having trouble finding the regulation that prohibits circling without tower approval. 91.129 requires the pilot to maintain two-way radio communications, and it requires a clearance to land. 91.123 requires compliance with clearances and instructions, but I've received many landing clearances that did not specify a particular route to the runway. Obviously, it's wise to inform the tower if you're going to do something unusual, but in the absence of specific instructions from the tower, what regulation requires tower approval for the route that one takes to the runway?

 

[Palmpilot]

I didn't ask the original question, but did ask that the General Counsel reconsider it. My understanding based on the corrected interpretation is that the language "General. Unless otherwise authorized or required" permits circling when the procedure requires circling in the opposite direction because of the notes on the approach chart, IOW it is both authorized and required by the procedure.

Seems like 91.129(f) should enter into the analysis too:

(f) Approaches. Except when conducting a circling approach under part 97 of this chapter or unless otherwise required by ATC, each pilot must—

(1) Circle the airport to the left, if operating an airplane; or

(2) Avoid the flow of fixed-wing aircraft, if operating a helicopter.
​

[emphasis added]

 

[Larry in TN]

This forum is Pilots of America.

I'm an American, the airplane was US registered and operated by a US airline, the controller to whom I was talking was American, and the airport was a US Navy base!

 

[roncachamp]

I'm an American, the airplane was US registered and operated by a US airline, the controller to whom I was talking was American, and the airport was a US Navy base!

But not in America.

 

[John Collins]

Seems like 91.129(f) should enter into the analysis too:

(f) Approaches. Except when conducting a circling approach under part 97 of this chapter or unless otherwise required by ATC, each pilot must—

(1) Circle the airport to the left, if operating an airplane; or

(2) Avoid the flow of fixed-wing aircraft, if operating a helicopter.
​

[emphasis added]

It does not apply to the question that was asked of the General Counsel, which was regarding the direction at an airport located in class G airspace. 91.129 specifies the rules for class D airspace.

 

[John Collins]

I'm having trouble finding the regulation that prohibits circling without tower approval. 91.129 requires the pilot to maintain two-way radio communications, and it requires a clearance to land. 91.123 requires compliance with clearances and instructions, but I've received many landing clearances that did not specify a particular route to the runway. Obviously, it's wise to inform the tower if you're going to do something unusual, but in the absence of specific instructions from the tower, what regulation requires tower approval for the route that one takes to the runway?

91.123 is the relevant regulation from the pilot point of view. 7110.65 section 4-8-6 Circling provides controllers with the requirments for cleaaring an aircraft to circle. I am using my iPad for this, but when I get home, I will edit this post to inlude the referenced section.

 

[Palmpilot]

91.123 is the relevant regulation from the pilot point of view.

If the landing clearance does not specify the route to be flown, I'm not seeing how 91.123 would prevent circling to the runway.

7110.65 section 4-8-6 Circling provides controllers with the requirments for cleaaring an aircraft to circle. I am using my iPad for this, but when I get home, I will edit this post to inlude the referenced section.

My understanding is that 7110.65 is not binding on pilots unless ATC issues a clearance or instruction based on it.

 

[John Collins]

If the landing clearance does not specify the route to be flown, I'm not seeing how 91.123 would prevent circling to the runway.



My understanding is that 7110.65 is not binding on pilots unless ATC issues a clearance or instruction based on it.

Exactly the point. 7110.65 is certainly not binding on pilots, but it provides the directions to controllers on how to clear an aircraft to circle. So assuming they follow their own guidance and protect their turf by issuing the clearance, you as the pilot are bound by it.

Here is what 7110.65 instructs controllers:

4−8−6. CIRCLING APPROACH
a. Circling approach instructions may only be given for aircraft landing at airports with operational control towers.

b. Include in the approach clearance instructions to circle to the runway in use if landing will be made on a runway other than that aligned with the direction of instrument approach. When the direction of the circling maneuver in relation to the airport/runway is required, state the direction (eight cardinal compass points) and specify a left or right base/downwind leg as appropriate.
PHRASEOLOGY−
CIRCLE TO RUNWAY (number),
or
CIRCLE (direction using eight cardinal compass points) OF THE AIRPORT/RUNWAY FOR A LEFT/RIGHT BASE/DOWNWIND TO RUNWAY (number).

NOTE−
Where standard instrument approach procedures (SIAPs) authorize circling approaches, they provide a basic minimum of 300 feet of obstacle clearance at the MDA within the circling area considered. The dimensions of these areas, expressed in distances from the runways, vary for the different approach categories of aircraft. In some cases a SIAP may otherwise restrict circling approach maneuvers.

c. Do not issue clearances, such as “extend downwind leg,” which might cause an aircraft to exceed the circling approach area distance from the runways within which required circling approach obstacle clearance is assured.

 

[poadeleted20]

Only the PIC can decide when it is necessary to descend to land.

You try that argument if you leave 500 AGL with three flying miles to the runway -- you won't win.

 

[poadeleted20]

I'm having trouble finding the regulation that prohibits circling without tower approval. 91.129 requires the pilot to maintain two-way radio communications, and it requires a clearance to land. 91.123 requires compliance with clearances and instructions, but I've received many landing clearances that did not specify a particular route to the runway. Obviously, it's wise to inform the tower if you're going to do something unusual, but in the absence of specific instructions from the tower, what regulation requires tower approval for the route that one takes to the runway?

If you're on an approach to a tower controlled airport, you're going to get a landing clearance for one particular runway. You can't circle to a different runway without tower approval. Further, you can't make an approach to that runway, then fly around the pattern and come back to that runway again without tower approval. Doing it any other way would destroy runway separation standards.

Or do you think you could call midfield downwind, be cleared to land, and then do a low approach and come back around to land without further clearance?

 

[Velocity173]

If you're on an approach to a tower controlled airport, you're going to get a landing clearance for one particular runway. You can't circle to a different runway without tower approval. Further, you can't make an approach to that runway, then fly around the pattern and come back to that runway again without tower approval. Doing it any other way would destroy runway separation standards.

Or do you think you could call midfield downwind, be cleared to land, and then do a low approach and come back around to land without further clearance?

Not only runway separation standards but the aircraft is still IFR during the circle. Gotta protect for the circle or if the aircraft goes missed during the circle.

 

[Palmpilot]

Exactly the point. 7110.65 is certainly not binding on pilots, but it provides the directions to controllers on how to clear an aircraft to circle. So assuming they follow their own guidance and protect their turf by issuing the clearance, you as the pilot are bound by it.

Here is what 7110.65 instructs controllers:

I see limitations in that quoted passage on what controllers can do, but not on what pilots can do. Are you saying that pilots can only make use of a published circling option if specifically cleared to do so by ATC? If so, where is that written?

 

[Palmpilot]

If you're on an approach to a tower controlled airport, you're going to get a landing clearance for one particular runway. You can't circle to a different runway without tower approval. Further, you can't make an approach to that runway, then fly around the pattern and come back to that runway again without tower approval. Doing it any other way would destroy runway separation standards.

If the field is above VFR minimums, the pilot could just do his go around, cancel IFR, and follow whatever instructions the tower might give.

If the field is below VFR minimums and the pilot circles to land, what other traffic would there be for the tower to separate you from?

Or do you think you could call midfield downwind, be cleared to land, and then do a low approach and come back around to land without further clearance?

I don't see how calling midfield downwind enters into this discussion. The OP's scenario was flying a straight-in instrument approach, and then needing to do a go around for some reason. If the field was below VFR minimums but above published circling minimums, then in the scenario, the pilot would be informing the tower that he was going around. When a pilot does a go around, I have always heard tower issue a new landing clearance at the appropriate time, so I've always assumed that a go around cancels a previous landing clearance, but I don't know that for sure.

If by low approach, you mean that the aircraft has descended below circling minimums, then I presume that there is no alternative to flying the missed approach procedure.

 

[poadeleted20]

I see limitations in that quoted passage on what controllers can do, but not on what pilots can do. Are you saying that pilots can only make use of a published circling option if specifically cleared to do so by ATC? If so, where is that written?

14 CFR 91.123(a). If Tower clears you to land on a particular runway, that's it -- you cannot land on a different runway, and you cannot overfly that runway and come back around to it. Those would be contrary to your original clearance to land on that runway.

 

[poadeleted20]

If the field is above VFR minimums, the pilot could just do his go around, cancel IFR, and follow whatever instructions the tower might give.

Probably, but not certainly. The airport could be above VFR minimums without that being a legal course of action, depending on how low the clouds are and what's below you.

If the field is below VFR minimums and the pilot circles to land, what other traffic would there be for the tower to separate you from?

There are lots of airports where the "one in, one out" rule is not in effect, but even when there is, Tower may be using visual separation from another IFR or SVFR aircraft. But that doesn't matter, because 91.123(a) is clear -- you are not permitted to deviate from your clearance other than in an emergency.

I don't see how calling midfield downwind enters into this discussion. The OP's scenario was flying a straight-in instrument approach, and then needing to do a go around for some reason. If the field was below VFR minimums but above published circling minimums, then in the scenario, the pilot would be informing the tower that he was going around. When a pilot does a go around, I have always heard tower issue a new landing clearance at the appropriate time, so I've always assumed that a go around cancels a previous landing clearance, but I don't know that for sure.

It definitely does. Your deviation from your clearance to land is excusable under the emergency exception (i.e., the go-around is assumed to be for safety), but then you must obtain a new clearance to come back again and land.

If by low approach, you mean that the aircraft has descended below circling minimums, then I presume that there is no alternative to flying the missed approach procedure.

Even at MDA it's still a "low approach". But yes -- if you were cleared to land straight in and don't land straight in off an IAP and you don't obtain an amended clearance, absent an emergency, your only legal option is to follow your missed approach instructions (published or as otherwise assigned). Anything else would violate 91.123(a).

 

[John Collins]

I see limitations in that quoted passage on what controllers can do, but not on what pilots can do. Are you saying that pilots can only make use of a published circling option if specifically cleared to do so by ATC? If so, where is that written?

A pilot has to follow any instructions from the controller, 91.123 covers that. 7110.65 says what the controller phraseology is and when and under what conditions it is required. The AIM has similar wording. Neither the AIM or 7110.65 are regulatory, but they include other information regarding the operation of the system. The Pilot Controller Glossary is included in both the AIM and 7110.65 and it states:

CIRCLE-TO-LAND MANEUVER− A maneuver initiated by the pilot to align the aircraft with a runway for landing when a straight-in landing from an instrument approach is not possible or is not desirable. At tower controlled airports, this maneuver is made only after ATC authorization has been obtained and the pilot has established required visual reference to the airport.

CIRCLE TO RUNWAY (RUNWAY NUMBER)− Used by ATC to inform the pilot that he/she must circle to land because the runway in use is other than the runway aligned with the instrument approach procedure. When the direction of the circling maneuver in relation to the airport/runway is required, the controller will state the direction (eight cardinal compass points) and specify a left or right downwind or base leg as appropriate; e.g., “Cleared VOR Runway Three Six Approach circle to Runway Two Two,” or “Circle northwest of the airport for a right downwind to Runway Two Two.”

The exact same question could be posed about a clearance to land. If the pilot maintains communication with the controller, but the controller never issues a clearance to land, where is it written that a pilot should or should not land without a clearance to land. I can't find that in any regulation. However, in 7110.65 controllers are given specific guidance on issuing clearances to land and the AIM says you require an appropriate clearance to land at a towered airport. A similar situation exists for requiring a clearance to taxi at a towered airport or to cross or enter a runway without an appropriate clearance. In all these cases, other than 91.123, there are no specific regulations that mandate a clearance is required at a towered airport.

 

[roncachamp]

14 CFR 91.123(a). If Tower clears you to land on a particular runway, that's it -- you cannot land on a different runway, and you cannot overfly that runway and come back around to it. Those would be contrary to your original clearance to land on that runway.

Please explain how overflying that runway and coming back around to it violates a simple clearance to land on it.

 

[midlifeflyer]

I'm having trouble finding the regulation that prohibits circling without tower approval. 91.129 requires the pilot to maintain two-way radio communications, and it requires a clearance to land. 91.123 requires compliance with clearances and instructions, but I've received many landing clearances that did not specify a particular route to the runway. Obviously, it's wise to inform the tower if you're going to do something unusual, but in the absence of specific instructions from the tower, what regulation requires tower approval for the route that one takes to the runway?

Take a step backward. Forget the instrument approach.

Can you just fly into Class D airspace and do whatever traffic pattern you want or do you need communication and instructions/agreement from ATC?

You're looking for something specific to circling on instrument approaches; in this case it's just the regular rules of the road that still apply.

 

[Palmpilot]

14 CFR 91.123(a). If Tower clears you to land on a particular runway, that's it -- you cannot land on a different runway, and you cannot overfly that runway and come back around to it. Those would be contrary to your original clearance to land on that runway.

I can see "you cannot land on a different runway" if the controller has specified a particular runway, but is "straight-in" always stated in the landing clearance?

 

[Palmpilot]

A pilot has to follow any instructions from the controller, 91.123 covers that. 7110.65 says what the controller phraseology is and when and under what conditions it is required. The AIM has similar wording. Neither the AIM or 7110.65 are regulatory, but they include other information regarding the operation of the system. The Pilot Controller Glossary is included in both the AIM and 7110.65 and it states:

The P/CG definition of "circle-to-land maneuver" that you quoted answers the question "where is it written...," specifically, "At tower controlled airports, this maneuver is made only after ATC authorization has been obtained and the pilot has established required visual reference to the airport." It may or may nor be in the regulations, but at least it's written somewhere. Thanks.

The exact same question could be posed about a clearance to land. If the pilot maintains communication with the controller, but the controller never issues a clearance to land, where is it written that a pilot should or should not land without a clearance to land. I can't find that in any regulation. However, in 7110.65 controllers are given specific guidance on issuing clearances to land and the AIM says you require an appropriate clearance to land at a towered airport. A similar situation exists for requiring a clearance to taxi at a towered airport or to cross or enter a runway without an appropriate clearance. In all these cases, other than 91.123, there are no specific regulations that mandate a clearance is required at a towered airport.

91.129(i) provides a specific regulation for class D towers and above:

"(i) Takeoff, landing, taxi clearance. No person may, at any airport with an operating control tower, operate an aircraft on a runway or taxiway, or take off or land an aircraft, unless an appropriate clearance is received from ATC."​

 

[Larry in TN]

I can see "you cannot land on a different runway" if the controller has specified a particular runway, but is "straight-in" always stated in the landing clearance?

The AIM addresses making unexpected maneuvers in the pattern at a towered airport.

 

[Palmpilot]

Take a step backward. Forget the instrument approach.

Can you just fly into Class D airspace and do whatever traffic pattern you want or do you need communication and instructions/agreement from ATC?

You're looking for something specific to circling on instrument approaches; in this case it's just the regular rules of the road that still apply.

I just wanted to know where the specific "rules of the road" that apply to this situation were written down. John provided that with the P/CG quote.

 

[Palmpilot]

The AIM addresses making unexpected maneuvers in the pattern at a towered airport.

As I wrote earlier, "Obviously, it's wise to inform the tower if you're going to do something unusual..."

 

[Velocity173]

Not sure why this is becoming confusing. Ron & John already cited in both the AIM & the .65 where circling instructions are required at towered fields. These instructions are required to be given with the approach clearance. Example: "Lifter 17 heavy, cleared TACAN approach runway 14, circle west of the field, report left base rwy 5." If circling can't be given because of the traffic, ATC will inform you with something like "unable circle, expect a straight-in." Obviously in that case the clearance will have no circling instructions. Usually denial is because the aircraft is requesting practice approaches to one runway and circling to the duty or active runway and disrupting IFR arrivals.

At non towered, circling is up to the pilot because of the restriction in the .65 of only issuing circling instructions at towered airfields. ATC doesn't care what you do at uncontrolled, only that you relay your cancellation so that they can release other IFRs into / out of the airport.

 

[Palmpilot]

Not sure why this is becoming confusing. Ron & John already cited in both the AIM & the .65 where circling instructions are required at towered fields. These instructions are required to be given with the approach clearance. Example: "Lifter 17 heavy, cleared TACAN approach runway 14, circle west of the field, report left base rwy 5." If circling can't be given because of the traffic, ATC will inform you with something like "unable circle, expect a straight-in." Obviously in that case the clearance will have no circling instructions. Usually denial is because the aircraft is requesting practice approaches to one runway and circling to the duty or active runway and disrupting IFR arrivals.

At non towered, circling is up to the pilot because of the restriction in the .65 of only issuing circling instructions at towered airfields. ATC doesn't care what you do at uncontrolled, only that you relay your cancellation so that they can release other IFRs into / out of the airport.

I've never received an approach clearance that specifically excluded circling, but the P/CG quote that John provided is good enough, as far as I'm concerned.

 

[Velocity173]

I've never received an approach clearance that specifically excluded circling, but the P/CG quote that John provided is good enough, as far as I'm concerned.

I agree, but if you didn't receive specific circling instructions and are given a clearance to land on a particular runway, I'd say that you are only authorized a straight in. Even an airport with only circling minimums, if you are given a clearance to land on a particular runway (no circle instructions), ATC expects you to proceed to that runway:

c. Straight-in Minimums are shown on the IAP when the final approach course is within 30 degrees of the runway alignment (15 degrees for GPS IAPs) and a normal descent can be made from the IFR altitude shown on the IAP to the runway surface. When either the normal rate of descent or the runway alignment factor of 30 degrees (15 degrees for GPS IAPs) is exceeded, a straight-in minimum is not published and a circling minimum applies. The fact that a straight-in minimum is not published does not preclude pilots from landing straight-in if they have the active runway in sight and have sufficient time to make a normal approach for landing. Under such conditions and when ATC has cleared them for landing on that runway, pilots are not expected to circle even though only circling minimums are published. If they desire to circle, they should advise ATC.

 

[John Collins]

The P/CG definition of "circle-to-land maneuver" that you quoted answers the question "where is it written...," specifically, "At tower controlled airports, this maneuver is made only after ATC authorization has been obtained and the pilot has established required visual reference to the airport." It may or may nor be in the regulations, but at least it's written somewhere. Thanks.



91.129(i) provides a specific regulation for class D towers and above:

"(i) Takeoff, landing, taxi clearance. No person may, at any airport with an operating control tower, operate an aircraft on a runway or taxiway, or take off or land an aircraft, unless an appropriate clearance is received from ATC."​

I missed that, thanks for pointing it out.

 

[aterpster]

A related point: Some approaches to Class D airports do not have straight-in minimums, so a clearance for the approach is a clearance to circle to land assuming the approach is not reasonably aligned with the runway. (example, VOR-A at KVNY). Also, when the Class D area's weather is below VFR, less than 1,000 and or less than 3 miles, once cleared for the circling approach ATC cannot issue an instruction that may cause you to depart the circling protected airspace, such as, "Continue downwind, I'll call your base."

 

[midlifeflyer]

I just wanted to know where the specific "rules of the road" that apply to this situation were written down. John provided that with the P/CG quote.

Just to have some fun playing the old "AIM is not regulatory" game, the PCG quote is a guidance based on the 91.129 "rule of the road" applicable generally to Class D and above airports.

 

[midlifeflyer]

I agree, but if you didn't receive specific circling instructions and are given a clearance to land on a particular runway, I'd say that you are only authorized a straight in. Even an airport with only circling minimums, if you are given a clearance to land on a particular runway (no circle instructions), ATC expects you to proceed to that runway:

Under such conditions and when ATC has cleared them for landing on that runway, pilots are not expected to circle even though only circling minimums are published. If they desire to circle, they should advise ATC.

I'm trying to picture the VFR alternative. You are on a 5 mile final to runway 23 and ATC says "Runway 23, cleared to land." The pilot turns right then makes a 180 to place himself on the base leg because he feels like it that day. IFR or VFR, the rule is essentially the same.

 

[Velocity173]

I'm trying to picture the VFR alternative. You are on a 5 mile final to runway 23 and ATC says "Runway 23, cleared to land." The pilot turns right then makes a 180 to place himself on the base leg because he feels like it that day. IFR or VFR, the rule is essentially the same.

I think it all comes down to communicating your intentions to ATC. For example, say you're doing an approach that's aligned with 30 degrees of the runway but has no straight-in mins because of an excessive descent rate. If you want to circle off the approach then let ATC know before hand. Or, if I was working the approach, I'd ask the pilot if they wanted to circle to land or do a straight-in. That puts everyone on the same page and no one can say that there was an unexpected maneuver in the pattern or not complying with an ATC clearance.

 

[midlifeflyer]

I think it all comes down to communicating your intentions to ATC. For example, say you're doing an approach that's aligned with 30 degrees of the runway but has no straight-in mins because of an excessive descent rate. If you want to circle off the approach then let ATC know before hand. Or, if I was working the approach, I'd ask the pilot if they wanted to circle to land or do a straight-in. That puts everyone on the same page and no one can say that there was an unexpected maneuver in the pattern or not complying with an ATC clearance.

Absolutely! I wouldn't disagree with a single word. It's all about ATC and the pilot being on the same page. And the only way to be on the same page is to communicate.