Getting confused with ATC order...Violation?

On 2008-04-04 08:53:46 -0700, "Steven P. McNicoll"
said:

On Apr 4, 7:55 am, C J Campbell
wrote:

They do die in real airplanes, though, and the FAA has held that a
pilot who reads back an erroneous clearance is still required to fly
the one given him by ATC, even if ATC doesn't correct him.


The FAA hasn't held that at all.

Sorry. You are right. It was the NTSB in the Merrell case, 1999.
--
Waddling Eagle
World Famous Flight Instructor

C J Campbell wrote:
On 2008-04-04 08:53:46 -0700, "Steven P. McNicoll"
said:

On Apr 4, 7:55 am, C J Campbell
wrote:

They do die in real airplanes, though, and the FAA has held that a
pilot who reads back an erroneous clearance is still required to fly
the one given him by ATC, even if ATC doesn't correct him.


The FAA hasn't held that at all.

Sorry. You are right. It was the NTSB in the Merrell case, 1999.

Thanks for mentioning that case - I was curious and looked it up. Got
several hits, including this helpful one:

http://www.aviationlawcorp.com/content/dangerous.html

On Apr 4, 9:25 pm, C J Campbell
wrote:

Sorry. You are right. It was the NTSB in the Merrell case, 1999.


The NTSB ruled in Merrel's favor, that ruling was overturned by the US
Court of Appeals. Here's the report that appeared on AvWeb:


"Merrell v. FAA: A Readback Is No Defense

U.S. Court of Appeals Rules Against Pilot In Altitude Bust...

A U.S. appeals court has agreed with the FAA that Capt. Richard L.
Merrell,
of Northwest Airlines, was to blame for an altitude bust, despite an
earlier
NTSB decision that exonerated him. The FAA prosecuted Merrell after he
mistakenly complied with a climb clearance intended for another
aircraft.
Merrell read back the clearance in question, but his readback was
"stepped
on" by the aircraft for which the clearance was actually intended, and
ATC
never heard it. Merrell requested a hearing before an NTSB
administrative
law judge, who upheld the FAA's position.

Merrell then appealed his case to the full NTSB, who ruled in his
favor and
dismissed the FAA order. Merrell's victory was short-lived, however.
The FAA
appealed the NTSB ruling to the U.S. Court of Appeals, which in
September
upheld the FAA's violation against Merrell. No further appeals are
expected.
This appears to be the case that prompted the FAA to issue its
"interpretive
rule" on pilot readbacks earlier this year."