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when does a "remain clear" instruction end?



 
 
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Old February 19th 04, 09:14 PM
Michael Houghton
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Howdy!

In article . net,
Steven P. McNicoll wrote:

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

[snip]

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."


....and once again with "November 1234, radar contact..." Where, in that
"radar contact" communication, does the controller say "remain clear..."?

If N1234 was to remain clear, the controller needed to say so. If the
"remain clear" instruction was to remain in place, what approved phraseology
would the controller then use to remove the restriction? You keep insinuating
that there must be some magic phrase, but you don't tell us what it is.

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.


And what would that instruction be, if "November 1234, radar contact..."
were not sufficient (as clearly laid out in the AIM)? Pray enlighten us.

yours,
Michael

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