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when does a "remain clear" instruction end?



 
 
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Old February 13th 04, 02:37 PM
Nathan Young
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On Fri, 13 Feb 2004 14:28:56 GMT, Nathan Young
wrote:

On 13 Feb 2004 04:13:24 -0800, (Arden Prinz)
wrote:

Recently I was departing a small airport (with no control tower) which
was underneath the class C shelf area of a somewhat larger airport
(which is an air force base). Immediately before departing, I called
the approach controller for the class C airspace and told him that I
was departing and would like flight following. I was actually hoping
to fly straight over the larger airport (they weren't busy due to the
time). The approach controller assigned me a transponder code and
told me "after departure remain clear of the class C airspace". So
after I took of, I started flying a route taking me around the class C
area that extended to the surface. Well, the controller then called
me by my tail number and asked some questions (I don't remember
exactly what -- it might have been my expected cruising altitude and
aircraft type, I think he may have also said radar contact, although I
can't remember the specifics right now). As soon as this happened, I
turned and headed directly toward my destination, taking me across the
class C to the surface airspace.


Charlie airspace requires established two way radio comm before entry.
You had this. However, the controller also told you to stay clear of
Charlie airspace. Therefore you needed to get cleared into Charlie
airspace before making the turn and did not - so I believe this was an
airspace incursion.

Irrespective of regulations - it never hurts to ask the controller for
clarification. I would say especially so with an Air Force base - you
never know what kind of wierd operations they may have going inside
their airspace.


Update: I didn't thoroughly read your original post. I didn't realize
your original call to approach was on the ground (and that probably
several minutes passed before contacting that controller again in the
air). That certainly obfuscates things.

I think that once two-way comm and radar contact was established with
you in the air, since the controller did not issue the 'Stay clear of
C' command - you did no wrong.

I still stand by my original comment that it wouldn't have hurt to
clarify intentions with the controller.

-Nathan
 




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