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Old February 22nd 04, 06:51 PM
Michael Houghton
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Howdy!

In article .net,
Steven P. McNicoll wrote:

"Travis Marlatte" wrote in message
hlink.net...

Oh, sure I have. Authorization to enter the class C is defined by two-way
radio communication lacking instructions to remain clear. The AIM
provides the simple phrase "Cessna 1234, standby" as an example
defining two-way radio communication.


Right, but you haven't explained why the aircraft cannot be required to
remain clear of Class C airspace.


Non sequitur. I don't believe that anyone has asserted that ATC cannot
instruct one to remain clear of Class C airspace. What you contend,
without justification, is that that instruction, once givenn, must
be explicitly and overtly overriden with some sort of instruction --
examples of which are not found in the AIM, nor in any other official
source. You have failed to cite any authority for your assertion.


There is no FAR or AIM description that says that once
a "remain clear" has been issued that a more explicit instruction to enter
is required.


There doesn't need to be. An instruction to remain clear is understood to
remain in effect until an instruction is issued that permits entry. That is
such a simple concept, how is it you cannot grasp it?


91.130(c)1 defines how one is authorized to enter Class C airspace. You
then insist that once a communication using the tail number is made that
includes a "remain clear" instructionn, that instruction remains in force
in the face of subsequent communications such as "N1234, standby".

I posited a scenario that fits your conditions; you asserted that entry
would be permitted in my scenario -- a clear contradiction without an
explicit acknowledgement of such. You are allowed to change your story,
but you don't get to do so silently.



'Cause they control the class D around my home airport.


But we're talking about Class C airspace.


In the matter at hand, how do Class D and Class C airspace differ?

yours,
Michael


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