Class B busted...My problem or the controller's ?

Gary Drescher wrote:

I don't know how the FAA may have ruled on such situations in practice, but
the FARs seem ambiguous on the question. Of course, FAR 91.131a1 requires a
clearance before entering Class B.

Didn't I have that clearance by default since I was operating under ATC
instructions?


In such a situation, I would first make every effort to alert the tower that
I'm about to enter Class B. If the frequency is too congested to talk on the
radio, I'd hit Ident.

Good technique to remember--the ident thing. I didn't think of that as
things happened so fast and the frequency was a solid wall of
congestion.

If I still had no reply from the tower, I'd leave the
traffic pattern, stay clear of Class B, head outside the Class D (if not
outside already), and contact the tower as soon as possible.

That might have been inadvisable in this particular case. There were
too many aircraft around and the airspace there is difficult to
negotiate. I think it might have caused more confusion to suddenly
depart the pattern and leave them wondering, "what is he going to do"?


I'd suggest that you submit an ASRS form, both for your legal protection,
and also to call attention to the problem.

Great idea, once again. Thanks Gary!

Antonio

On 28 May 2005 12:51:19 -0700, Antoñio wrote:

Gary Drescher wrote:

I don't know how the FAA may have ruled on such situations in practice, but
the FARs seem ambiguous on the question. Of course, FAR 91.131a1 requires a
clearance before entering Class B.

Didn't I have that clearance by default since I was operating under ATC
instructions?

Absolutely not.

Even with flight following, you must hear the magic words "Cleared into
Bravo".

Allen

"Antoñio" wrote in message
oups.com...
Gary Drescher wrote:

I don't know how the FAA may have ruled on such situations in practice,
but
the FARs seem ambiguous on the question. Of course, FAR 91.131a1 requires
a
clearance before entering Class B.

Didn't I have that clearance by default since I was operating under ATC
instructions?

Nope. A clearance is a very specific kind of permission. It's conveyed by
ATC using the word "cleared"; for example "cleared for takeoff", "cleared to
land", "cleared into class bravo". As far as I'm aware, a neighboring Class
D controller typically doesn't even have the authority to clear you into
Class B; in any case, he or she hasn't done so unless they said "cleared
into class bravo".

That might have been inadvisable in this particular case. There were
too many aircraft around and the airspace there is difficult to
negotiate. I think it might have caused more confusion to suddenly
depart the pattern and leave them wondering, "what is he going to do"?

Nonetheless, staying clear of the Class B (even in violation of an ATC
instruction) is apparently what the FAA wants you to do. Your confusion is
understandable, though, since the FARs contradict themselves on this point.

--Gary