Question for controllers

§ 91.3 Responsibility and authority of the pilot in
command.
(a) The pilot in command of an aircraft is directly
responsible for, and is the final authority as to, the
operation of that aircraft.

(b) In an in-flight emergency requiring immediate action,
the pilot in command may deviate from any rule of this part
to the extent required to meet that emergency.

(c) Each pilot in command who deviates from a rule under
paragraph (b) of this section shall, upon the request of the
Administrator, send a written report of that deviation to
the Administrator.

§ 91.123 Compliance with ATC clearances and instructions.
(a) When an ATC clearance has been obtained, no pilot in
command may deviate from that clearance unless an amended
clearance is obtained, an emergency exists, or the deviation
is in response to a traffic alert and collision avoidance
system resolution advisory. However, except in Class A
airspace, a pilot may cancel an IFR flight plan if the
operation is being conducted in VFR weather conditions. When
a pilot is uncertain of an ATC clearance, that pilot shall
immediately request clarification from ATC.

(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.

(c) Each pilot in command who, in an emergency, or in
response to a traffic alert and collision avoidance system
resolution advisory, deviates from an ATC clearance or
instruction shall notify ATC of that deviation as soon as
possible.

(d) Each pilot in command who (though not deviating from a
rule of this subpart) is given priority by ATC in an
emergency, shall submit a detailed report of that emergency
within 48 hours to the manager of that ATC facility, if
requested by ATC.

(e) Unless otherwise authorized by ATC, no person operating
an aircraft may operate that aircraft according to any
clearance or instruction that has been issued to the pilot
of another aircraft for radar air traffic control purposes.



| The rules also require a report IF traffic priority is
| given.
|

--
James H. Macklin
ATP,CFI,A&P

--
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