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Velocity173
And the old VFR cruising altitudes outside of B, C or TRSA has reared its ugly head again.
No, not if just on flight following. ATC is authorized to assign altitudes to VFR aircraft only when providing Class B, Class C, or TRSA services.
How do you explain § 91.123 subpart B then?
(b) Except in an emergency, no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised.
If bebopping along at 5500 on FF, I get a call to descend and maintain 4000, do you think I'm well within my rights and the CFR to tell them no? If I just said, " Cancel services, Ill squawk VRF " this is in effect, refusing to comply with an instruction and I think you are in hot water, or at least very warm water.
I could recite Steven's answer (or question, actually) from memory, but I won't. :wink2:
Oh please do.....
It goes something like "Do you believe the FAA wants pilots to follow instructions it does not want controllers to give?"
Could be the controller is simply a d!ckhead.
So regardless, the controller still has a bogey moving through his targets and now he can't talk to him. Doesn't compute ever.There's a butt load of flow in that area between 8k' and 10k'. He was trying to manage his flow and you were going to be an inconvenience. Looking at a scope and sequencing traffic into and out of San Bernardino and Ontario must be a bit of a challenge at times. Besides, theres a published VFR flyway for that area that would take you right over the Paradise VORTAC. Given the jet traffic in that area, that's how I woulda done it. Just go direct from Big Bear to lake Arrow Head, then fly the flyway. That gets you away from those taller peaks and gives you room to descend down below arrival/departure routes. Short of that, you could go "bush" and just follow the powerlines down from Angelus.
So regardless, the controller still has a bogey moving through his targets and now he can't talk to him. Doesn't compute ever.
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How do you explain § 91.123 subpart B then?
(b) Except in an emergency, no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised.
If bebopping along at 5500 on FF, I get a call to descend and maintain 4000, do you think I'm well within my rights and the CFR to tell them no? If I just said, " Cancel services, Ill squawk VRF " this is in effect, refusing to comply with an instruction and I think you are in hot water, or at least very warm water.
I don't agree with you at all on that. You're in controlled airspace and receiving ATC services. You're obligated to comply with what you perceive as an "unauthorized instruction."
The fact is, if you opt in to the ATC services, e.g. , flight following, you must comply with their instructions. You would have to positively opt out prior to any ATC instruction if you didn't want to get what you believe is a non-regulatory instruction.
I disagree. You have learned how easy and useful it is to pick up the phone and call ATC with a question or to understand a situation like you described in your original post. You will do it again some day, and again after that ...... No big takeaways for me ...
If you're bebopping along VFR at 5500 and not receiving Class B, Class C, or TRSA service and you get a call to descend and maintain 4000 the controller has issued an instruction he is not authorized to issue. If you feel the FAA wants pilots to adhere to instructions it does not want controllers to issue you'll probably sleep better if you comply.
The FAA Chief Counsel apparently does want that:
http://www.pilotsofamerica.com/forum/showthread.php?t=60082
However, there are exceptions, such as when a pilot is vectored into class B airspace without a clearance:
http://www.faa.gov/about/office_org...10/doremire - (2010) legal interpretation.pdf
They wiggled out of that one by deciding that the vector wasn't an instruction.
Is there any evidence that the FAA Chief Counsel is aware that the FAA has established limitations on ATC authority?
Me st of my flight time is in the L.A. Basin. I always get flight following, I know it's not 100% they call out everything to you but any help is great in this area. Who cares if they want to vector you with a turn or altitude, to me the help out weighs the minute e inconvienance. I will take all of the help and eyes I can get out there.
I don't know, but I think I have seen Chief Counsel opinions that show an unawareness of reality.
This is one of them. If it was intended that pilots adhere to ATC instructions that controllers are not authorized to issue there would be no purpose in limiting the authority of controllers.
Alternatively, one could argue that if the FAA intended pilots to choose which instructions to obey based on the controllers' manual, then they would require pilot candidates to be trained and tested on it.
Why would one make that argument?
Fair enough. Nothing a controller has ever done has gotten me riled enough to call or ask them to do anything. I would have just cancelled and been along my way in this case without any drama.
I'm in the DC area; VFR, clear of the SFRA, I gradually stopped using flight following - they aren't set-up for "meandering", and if you aren't x-ctry, A-to-B, they don't know what to do with you. One guy asked me my intentions, and I said to "wander about the Eastern Shore looking, at property locations". He said he need to "know where I was going", so I dropped the service. He wasn't a being a jerk, just befuddled.
Later, once I understood accepting FF required compliance with vectors and altitudes, that ended it for me. I'm mostly IFR now, but otherwise, I quit talking once clear of the SFRA or other ATC controlled airspace .
Yeah, that is my bottom line. Sanity check the instruction of course, like all instructions, but my bias is to comply.... If you get an instruction (which you really shouldn't in Class E), you can bet there is a reason for it, and ignoring it is foolish. ...
Mostly I'm just not interested in fooling with 'em VFR - the value added isn't there from my point of view. I used them occasionally in busier or tighter airspace on search missions when I was still with CAP. Bottom line, just not that concerned with having ATC watch my six when tooling about for fun.I use flight following for non-direct flights all the time.
Including searches and photo patterns. Not hard at all.
If you get an instruction (which you really shouldn't in Class E), you can bet there is a reason for it, and ignoring it is foolish.
Honestly, if you want someone to watch your six, you really need to explain what you're doing better than "Oh somewhere out there." I find it incredibly hard to believe that you winged that entire flight. Tell them the NEXT one you're going after. "Maneuvering near Ocean City," for instance will help them anticipate the traffic you're heading into, and it really doesn't have to be that specific (ATC doesn't care exactly what you're doing -- they just want to know where your 120 knot ass is going to be in a few minutes).
And example of a flight following request I've made is "maneuvering near SANTY intersection, then returning to Palo Alto." Worked fine.
Wow, I just realized I missed that! Not to be contrary, but I find it, well, incredible, that you'd not/not consider ever going NORDO. . .but that's cool, each to his own. . .. . . I find it incredibly hard to believe that you winged that entire flight. . .
Wow, I just realized I missed that! Not to be contrary, but I find it, well, incredible, that you'd not/not consider ever going NORDO. . .but that's cool, each to his own. . .
Wow, I just realized I missed that! Not to be contrary, but I find it, well, incredible, that you'd not/not consider ever going NORDO. . .but that's cool, each to his own. . .
It ha NEVER been required. The ATC tapes have always been time stamped even when they were on open reel magnetic tape. All you needed to know was the facility/frequency, date and time to find the communications to review. Telling the controller to mark the tapes or requesting their initials was always an idiotic power play from pilots and are contrary to the safe continuation of the trip.Steven is right and just for clarification, "mark the tapes" is so last century.
Steven is right and just for clarification, "mark the tapes" is so last century. Everything is digital nowadays so just note the time and the date and where you were so they can figure out who's sector you were in. As long as you call within 15 days they'll have a record of it along with who was in position that talked to you. After 15 days they "erase" the log. The sooner you call the better chance that the dick controller will still be in the facility to explain why they said what they said.
So is asking for controllers initials. If any ever asked for mine, I think I'd just laugh and then give them the sup's #.