Riddle me this, pilots

Do controllers have a corollary of the PIC command authority, i.e. do
what's right to save lives even if it means breaking 7110? Such as
when you issued vectors to your beer-offering pilot in distress on
top?

Mitch Gossman

"Chip Jones" wrote in message ...
wrote in message ...


I guess had he been above 10,000 you could have used the merging target
provisions of
the 7110.65?


I guess I am not totally following you here, Joe. Besides the "radar
identified" requirement for the traffic, the merging target provisions still
put the onus on the pilot to request vectors for avoidance. I think I still
would have ended up in an alert situation with this pair. Had I known that
these aircraft were going to get so apparently close in the end without a
visual, I would have vectored the Baron early in the interests of air safety
(regardless of what the 7110 dictates) to avoid the alert. Hindsight and
all that. :-)

To further muddy the water, merging target procedures dictate that I issue
traffic information to aircraft whose targets will merge (as in this event)
*unless* the aircraft are separated by more than the appropriate vertical
minima. In the class of airspace that this event occurred in (Class E),
there are no formal vertical separation minima between IFR and VFR aircraft.
Obviously there are several ways to interpret how this procedure does or
does not apply had this scenario occurred above 10,000.

Chip, ZTL




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"Mitchell Gossman" wrote in message
om...

Do controllers have a corollary of the PIC command authority, i.e. do
what's right to save lives even if it means breaking 7110? Such as
when you issued vectors to your beer-offering pilot in distress on
top?


Yes, see subparagraph c. below:


FAA Order 7110.65N Air Traffic Control

Chapter 2. General Control

Section 1. General

2-1-1. ATC SERVICE

The primary purpose of the ATC system is to prevent a collision
between aircraft operating in the system and to organize and expedite the
flow of traffic. In addition to its primary function, the ATC system has the
capability to provide (with certain limitations) additional services. The
ability to provide additional services is limited by many factors, such as
the volume of traffic, frequency congestion, quality of radar, controller
workload, higher priority duties, and the pure physical inability to scan
and detect those situations that fall in this category. It is recognized
that these services cannot be provided in cases in which the provision of
services is precluded by the above factors. Consistent with the
aforementioned conditions, controllers shall provide additional service
procedures to the extent permitted by higher priority duties and other
circumstances. The provision of additional services is not optional on the
part of the controller, but rather is required when the work situation
permits. Provide air traffic control service in accordance with the
procedures and minima in this order except when:

a. A deviation is necessary to conform with ICAO Documents, National
Rules of the Air, or special agreements where the U.S. provides air traffic
control service in airspace outside the U.S. and its possessions or:

NOTE-
Pilots are required to abide by CFR's or other applicable
regulations
regardless of the application of any procedure or minima in this order.

b. Other procedures/minima are prescribed in a letter of agreement,
FAA directive, or a military document, or:

NOTE-
These procedures may include altitude reservations, air refueling,
fighter interceptor operations, law enforcement, etc.

REFERENCE-
FAAO 7110.65, Procedural Letters of Agreement, Para 1-1-8.

c. A deviation is necessary to assist an aircraft when an emergency
has been declared.

REFERENCE-
FAAO 7110.65, Safety Alert, Para 2-1-6.
FAAO 7110.65, Emergencies, Chapter 10.
FAAO 7110.65, Merging Target Procedures, Para 5-1-8.