when does a "remain clear" instruction end?

"Michael Houghton" wrote in message
...

How do you infer that from the plain text of the FARs (especially
considering the guidance the AIM offers)?

FAR 91.130 - Operations in Class C airspace.

(c) Communications. Each person operating an aircraft in Class C
airspace must meet the following two-way radio communications
requirements:

(1) Arrival or through flight. Each person must establish two-way radio
communications with the ATC facility (including foreign ATC in the case
of foreign airspace designated in the United States) providing air
traffic services prior to entering that airspace and thereafter
maintain those communications while within that airspace.


Here's the plain text of an applicable FAR, what do you infer from it?


FAR 91.123 Compliance with ATC clearances and instructions.

(b) Except in an emergency, no person may operate an aircraft contrary
to an ATC instruction in an area in which air traffic control is exercised.



I also note that it never speaks of "clearance", but "ATC authorization".


Correct.



Unless a two-way radio communication with the ATC facility includes an
explicit "remain clear", that communication authorizes entry into the
Class C airspace.


Also correct, if you had read the thread from the beginning you'd know there
was an explicit "remain clear" in this case.



Do you have an authoritative statement that shows otherwise? Or are you
just waving your hands furiously?


I have provided applicable documentation.



Pray tell which FARs you are reading that say what you seem to think
they say?


FAR 91.123 Compliance with ATC clearances and instructions.

(b) Except in an emergency, no person may operate an aircraft contrary
to an ATC instruction in an area in which air traffic control is exercised.



The only thing the 91.130 is at all vague about (and it may well be
defined elsewhere -- I didn't look) is what consitutes "establishes
two-way radio communication".


If the FAR isn't clear enough, the AIM certainly is.



No. FARs 91.130 make no reference to a specific instruction (such as
a clearance). It merely requires the establishment of two-way radio
communication. See my excerpt above.


Are you saying that ATC cannot instruct an aircraft to remain outside of
Class C airspace?



No, he's not. If a communication includes "remain clear", then you don't
enter. If it doesn't include that magic phrase, you are permitted to enter
the airspace. Period. Stop. End of story.


In this case the communication did include "remain clear".



Because failure to repeat the instruction would create the condition
permitting entry into the airspace.


Are you saying ATC instructions are valid only until the next communications
exchange? What do you base that on?



[snip remainder of "I know you are but what am I" mindless repetition of
unsupportable position by Steve]


If you had read the entire thread you'd have seen I did provide supporting
documentation.