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Old May 13th 04, 02:27 AM
Steven P. McNicoll
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"EDR" wrote in message
...

If ATC issues a clearance which will cause you to violate the FARs, are
you legally bound to accept it?


No, and that is made known to controllers.


FAA Order 7110.65P Air Traffic Control

Chapter 2. General Control

Section 1. General

2-1-1. ATC SERVICE

The primary purpose of the ATC system is to prevent a collision
between aircraft operating in the system and to organize and expedite the
flow of traffic. In addition to its primary function, the ATC system has the
capability to provide (with certain limitations) additional services. The
ability to provide additional services is limited by many factors, such as
the volume of traffic, frequency congestion, quality of radar, controller
workload, higher priority duties, and the pure physical inability to scan
and detect those situations that fall in this category. It is recognized
that these services cannot be provided in cases in which the provision of
services is precluded by the above factors. Consistent with the
aforementioned conditions, controllers shall provide additional service
procedures to the extent permitted by higher priority duties and other
circumstances. The provision of additional services is not optional on the
part of the controller, but rather is required when the work situation
permits. 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.

b. Other procedures/minima are prescribed in a letter of agreement,
FAA directive, or a military document, or:

NOTE-
These procedures may include altitude reservations, air refueling,
fighter interceptor operations, law enforcement, etc.

REFERENCE-
FAAO 7110.65, Procedural Letters of Agreement, Para 1-1-8.

c. A deviation is necessary to assist an aircraft when an emergency
has been declared.

REFERENCE-
FAAO 7110.65, Safety Alert, Para 2-1-6.
FAAO 7110.65, Emergencies, Chapter 10.
FAAO 7110.65, Merging Target Procedures, Para 5-1-8.