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when does a "remain clear" instruction end?



 
 
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  #29  
Old February 20th 04, 11:54 PM
Michael Houghton
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Howdy!

In article et,
Steven P. McNicoll wrote:

"Michael Houghton" wrote in message
...

Take a good look in the mirror, Steve.


For what?


You cleverly omitted the context for that remark. You said:

Actually, the issue is cut and dried. From the direction this thread's
taken it's clear that some pilots have a poor understanding of regulations
and procedures with regard to Class C airspace.


Since you didn't get it the first time, let me be blunt:

I place you at the head of the class you describe -- pilots with a
poor understanding of FAR 91.130. I'm not a pilot. I'm a pilot
wannabe without the time or spare money to do anything about it.
I can read the FARs, apparently better than you.

You're absolutely right. The pilot in the original message had satisfied
the conditions required for entry into Class C airspace. No violation
of ATC instruction occurred.


The pilot in the original message was issued the instruction "after
departure remain clear of the class C airspace" by ATC. After departure he
proceeded to enter Class C airspace. Please explain how the pilot did not
violate that instruction and FAR 91.123(b).


As I've said a number of times, FAR 91.130.c.1 authorizes entry upon
the establishment of two-way radio communication. In the case at hand,
the pilot did not enter Class C airspace until he had received
communication from ATC that included his tail number and that did NOT
include an instruction to "remain clear". Thus 91.130.c.1 was satisfied,
and 91.123(b) was not violated.

yours,
Michael


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