"Peter R." wrote in message
...

Shoulda had the supervisor tell you what section of the Federal Aviation
Regulation supports his assertion that ATC control VFR aircraft outside
of B or C airspace.


He might respond with FAR 91.123(b), which 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." Well,
the VFR aircraft is in Class E airspace, and Class E airspace is
obviously an area in which air traffic control is exercised, so if the
controller instructs the pilot to maintain a specific altitude then absent
an emergency the pilot must maintain that specified altitude, right?

Wrong.

That line of reasoning would treat all ATC instructions equally. Let's take
a rather extreme example to illustrate. Let's say you're on short final in
Class D airspace when the tower instructs you to "roll inverted and pull".
Must you adhere to that instruction? Are you required by regulation to bury
yourself and your aircraft in the dirt? Of course not. Clearly, then,
there are limits to the "control" exercised by ATC.

FAA Order 7110.65 places substantial limits on the authority of ATC in
various situations. Paragraph 2-1-1. ATC SERVICE states, in part:

"Provide air traffic control service in accordance with the procedures and
minima in this order except when:

a. A deviation is necessary to conform with ICAO Documents, National
Rules of the Air, or special agreements where the U.S. provides air traffic
control service in airspace outside the U.S. and its possessions or:

NOTE-
Pilots are required to abide by CFRs or other applicable regulations
regardless of the application of any procedure or minima in this order."

In short, ATC cannot require you to do something which would be a violation
of an FAR. That altitude assigned by our wayward controller could require
to violate cloud clearance requirements or minimum safe altitudes.

FAA Order 7110.65 does have provisions for the issuance of altitudes to VFR
aircraft, but only in Class B and Class C airspace, the Outer Area
associated with Class C airspace, and in TRSAs. That makes sense, because
ATC separates VFR aircraft in those areas. Clearly, if separation is
required the controller must have the necessary tools to provide it. But
outside of those areas ATC does not separate VFR aircraft and has no
authority to assign altitudes to them.