"Refusing to Handle You"

"Dave S" wrote in message

Pertinent rule for pilots:
91.123 (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.

An ATC instruction is not the same as an amended clearance. I agree if ATC
said "Turn right immediately for converging traffic" then emergency
authority would be required to not comply with that. But this is different
than the situation of negotiating an amended clearance, where I must accept
the new clearance before I am required to comply with it.

Your options are to 1) accept the new instructions 2) cancel IFR 3)
declare an emergency in which case you can disregard just about everything
but the laws of physics.

In the case of an amended clearance, my 4th option is to negotiate with ATC
for a better/safer new clearance.


Yes, you can refuse an amended clearance, but if the controller gives you
instructions to double back and hold in the clear air you just passed
through, you would be hard pressed not to comply. The hold may be just for
a moment until a solution is found, or as long as you are willing to hold
before changing your mind as to what is acceptable.

I agree completely... no argument here at all.


I absolutely agree that it is unacceptable to accept a route clearance
that places one in peril (weather, or whatever the reason), but I just
want to make my opinion known that "sticking to your guns" may have a
limit and when its time to "blink", likely its the pilot who is at a
disadvantage, NOT ATC. "Working with each other" is a two way street.

Agreed.


--------------------
Richard Kaplan

www.flyimc.com