Karas 2013

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.l23(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