when does a "remain clear" instruction end?

"Dennis O'Connor" wrote in message
...

Ahh jeez, Steven... Firstly, because the question was not one for which
there is a pat answer in the AIM, I researched my answer before giving
it... A habit more people on here could benefit from... And, even though
I couched my answer in gentle terms, it is the correct regulatory answer,
not a guess...


Your answer is wrong, and the AIM is not regulatory.



As I commented, I don't see specific phrase in the AIM for the
controller to use for clearing an aircraft into the Class C after being
told to stand clear - and it might be a good idea...


Specific phrases for controller usage are found in FAA Order 7110.65, but
there is no phrase like "cancel your last instruction and now comply with
this instruction", nor should there be. Previous instructions are simply
overridden by subsequent instructions. For example, an aircraft may have
been instructed to "fly heading 360", and a bit later is instructed to "turn
right heading 020". The 360 heading isn't cancelled prior to the issuance
of the 020 heading, the 360 heading is simply overridden by the 020 heading.



But I could still be wrong, so I just polled both the Supervisor of a
Class C airspace, and I polled the supervisor of the Michigan FSDO...
Both agree that the AIM is correct... A pilot is cleared into the class
C when the controller establishes radio contact using the tail number;
and does not instruct him to remain clear... Nothing more is required...


That's true, but that's not what happened in this case. In this case the
pilot was instructed to remain clear of the Class C airspace.



So, on the first call the pilot was told, "Aircraft calling remain clear
of Charlie?, or "November 1234 remain clear of Class Charlie.",
or words to that effect... Fine, we all agree he is to remain clear...
Now the controller calls a bit later and says something to the effect,
"November 1234, radar contact 8 miles east of xyz, altimeter 30
point 00", or some variation and shuts up - because he has
established radio contact which is 'the clearance to enter'...


Wrong. Radio contact was established when the controller said, "November
1234 remain clear of Class Charlie."



So, I asked both, wouldn't you tell the pilot that he is now 'cleared to
enter the C', to avoid confusion.. They both replied that there is no
confusion... The clearance to enter a Class C airspace is establishing
radio contact using the tail number exactly as spelled out in the AIM..


Yes, if nothing else is said that is correct. But in this case the aircraft
was instructed to remain clear of Class C airspace and that instruction
remains in effect until some instruction is issued that permits entry.