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  #23  
Old February 10th 06, 12:25 AM posted to rec.aviation.piloting
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Default FAR 91.130 and the Definite Article

In article .com,
"Mike Granby" wrote:

I guess the question is whether a controller's failure to comply with
.65 in any way effects a VFR pilot's reponsbility to comply with
91.130.


The pilot is complying with 91.130 if he's talking to Center. I don't
see where the FARs nor the AIM specifies that "ATC" is defined as the
Class C ATC facility.

The Centers "own" all of the airspace and delegate via LOA or other
arrangement to the facilities that make up Class B, C, D, etc. The real
question is how the LOAs are structured, and pilots cannot be expected
to know the details of the LOAs. Thus, the controllers are required to
do the hand-off or terminate. I hardly see how a pilot is in a position
to question whether ATC has the authority to give him the clearance or
instruction that ATC issues.



JKG