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  #1  
Old July 13th 05, 05:38 AM
Stan Prevost
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"Newps" wrote in message
news


Stan Prevost wrote:
Then
another controller wouldn't let me descend in time (while I was still VFR
On Top), I wound up cancelling IFR and circling down to the airport.


Wouldn't let you descend? It's not his call. You tell him you're
descending, if you choose to tell him at all.


Yes, I know, but when I have been given an instruction to advise of altitude
changes, and then when I advise of an altitude change and am told to remain
at my present altitude and he will give me lower in a few miles, my choices
are limited. I can start an argument on the frequency, cancel IFR,
disregard his instructions, or go along with what he says. There is that
pesky FAR that says pilots must comply with ATC clearances and instructions
(as long as they would not cause me to violate a FAR or compromise the
safety of my flight). Some say that pilots are not obligated to comply with
an instruction that an controller is not authorized to give, but that is
usually an issue to be sorted out on the ground, IMO.

If he wanted to keep me at altitude, he could have and probably should have
assigned me a hard IFR altitude, such as 12000 (I was at 12500). There is
not a lot of difference in the end result, so why cause a scene over it in
the air?


  #2  
Old July 13th 05, 06:22 PM
Steven P. McNicoll
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"Stan Prevost" wrote in message
...

Yes, I know, but when I have been given an instruction to advise of
altitude changes, and then when I advise of an altitude change and am told
to remain at my present altitude and he will give me lower in a few miles,
my choices are limited. I can start an argument on the frequency, cancel
IFR, disregard his instructions, or go along with what he says. There is
that pesky FAR that says pilots must comply with ATC clearances and
instructions (as long as they would not cause me to violate a FAR or
compromise the safety of my flight). Some say that pilots are not
obligated to comply with an instruction that an controller is not
authorized to give, but that is usually an issue to be sorted out on the
ground, IMO.

If he wanted to keep me at altitude, he could have and probably should
have assigned me a hard IFR altitude, such as 12000 (I was at 12500).
There is not a lot of difference in the end result, so why cause a scene
over it in the air?


You're dealing with a controller unfamiliar with VFR-on-top. Separation is
not an issue so there's no reason to keep you at altitude.


  #3  
Old July 13th 05, 09:37 PM
Newps
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Stan Prevost wrote:




Yes, I know, but when I have been given an instruction to advise of altitude
changes, and then when I advise of an altitude change and am told to remain
at my present altitude and he will give me lower in a few miles, my choices
are limited.


My first choice will be to then ask why or play chicken on the air and
say "I'm descending to maintain VFR." He can't deny that. Assuming
you're not real close to a terminal area and sequencing becomes an issue
the controller shouldn't be stopping you from changing altitudes.

  #4  
Old July 13th 05, 10:49 PM
Stan Prevost
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"Newps" wrote in message
...


Stan Prevost wrote:




Yes, I know, but when I have been given an instruction to advise of
altitude changes, and then when I advise of an altitude change and am
told to remain at my present altitude and he will give me lower in a few
miles, my choices are limited.


My first choice will be to then ask why or play chicken on the air and say
"I'm descending to maintain VFR." He can't deny that. Assuming you're
not real close to a terminal area and sequencing becomes an issue the
controller shouldn't be stopping you from changing altitudes.


I was approaching the terminal area, IND, from the north.


 




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