Legal Interpretations
Karas 2013
Summary
The Question
Does 14 CFR 91.123(b) require a pilot flying VFR in Class E airspace to comply with ATC instructions?
Background
A requester asked several questions about 14 CFR 91.123(a) and (b); the FAA answered only whether 14 CFR 91.123(b) applies to VFR pilots in Class E airspace, finding the other questions not appropriate for legal interpretation.
The FAA’s Interpretation
Yes, when communicating with ATC. Under 14 CFR 91.123(b), except in an emergency, pilots in controlled airspace must comply with ATC instructions whether flying VFR or IFR. A VFR pilot in Class E airspace is not required to communicate with ATC, but if the pilot is communicating and ATC issues an instruction, the pilot must comply. Instructions are directives such as headings, turns, and altitudes, unlike advisories.
- Requester
- Karas
- Issued
- April 25, 2013
- Subject
- General Operating & Flight Rules
Regulations Cited
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
Kenneth C. Karas
Dear Mr. Karas,
Office of the Chief Counsel
APR 25 2013
800 Independence Ave., S.W.
Washington, D.C. 20591
This is in response to your request for a legal interpretation dated August 29, 2012. In your request, you asked several questions regarding 14 CFR 91.123(a) and (b). We will respond to whether 14 C.F.R. 91.123 (b) applies to a pilot flying under visual flight rules (VFR) in Class E airspace. With regard to your remaining questions, we have determined that they are no~ appropriate for legal interpretation.
Section 91.123 deals with compliance with ATC clearances and instructions. Section 91.123(b) states: "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." Pilots flying in controlled airspace must comply with all ATC instructions, regardless of whether the pilot is flying VFR or IFR, in accordance with§ 91.123(b). ATC instructions include headings, turns, altitude instructions and general directions. The Pilot/Controller Glossary of the Aeronautical Information Manual (AIM) defines ATC instructions as " [d]irectives issued by air traffic control for the purpose ofrequiring a pilot to take specific actions; e.g., Turn left heading two five zero,' 'Go around,' 'Clear the runway."' See AIM, P ilot/Controller Glossary. In contrast, the Glossary defines advisory as "[a]dvice and information provided to assist pilots in the safe conduct of flight and aircraft movement." Id.
A pilot flying VFR in Class E airspace, which is controlled airspace, is not required to communicate with A TC; however, if a pilot is communicating with ATC and ATC issues an instruction, the pilot must comply with that instruction.
I hope this information has been helpful. This response was coordinated with F light Standards Service - General Aviation and Commercial Division and Airspace Policy and ATC Procedures Group. If you have further questions concerning this response, please co~-Sahti!~~a Jawed on my staff at 202-267-3073.
y
Acting Assistant ief Co el, International Law,
Legislations & Regulations Division,
AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.