On Wed, 16 Aug 2006 14:44:35 +0000, Larry Dighera wrote:

On 15 Aug 2006 21:09:51 -0700, "tjd" wrote in
.com:

Larry Dighera wrote:
If he was less than 3,000' AGL, he was in compliance with the
hemispherical regulation, and being on your left, he had the
right-of-way.

that's backwards, the OP had the right of way:

Yes. As Alan Gerber wrote in
, it would appear, that Mr. Copeland's
aircraft did indeed have the right-of-way by virtue of being to the
right of the NORDO aircraft. However that has nothing to do with the
hemispherical regulation.

91.113 (d) Converging. When aircraft of the same category are
converging at approximately the same altitude (except head-on, or
nearly so), the aircraft to the other's right has the right-of-way.

From the story, it sounds like both pilots saw each other and both were
trying to take evasive action, but they kept getting unlucky and making
corresponding maneuvers. So, it's not clear if the guy violated any
right of way rules.

Please explain how taking evasive action relieves the PIC from
complying with right-of-way regulations.

Was he definitely in class B without a clearance?

I had failed to infer from Mr. Copeland's narrative, that they were
within Class B airspace at the time, but he confirmed that fact in a
follow up message. It is likely the NORDO aircraft was not operating
on a clearance in Class B airspace, but that fact has not been
conclusively established.

I would say it is far, far, far more likely he did not have clearance.
Weather was in the area. As were lots of planes. They were busy. It
took me a while to get clearance to simply enter. On top of that, his
flight path would have him traveling past the depature end of DFW. I have
a really hard time imagining them letting a NORDO, no squawking aircraft,
enter class B at this time when he could be flying under the shelf (
3000) or gone south a little to be flying 4000'. Especially in light of
the fact that denial for VFR, to enter class B, is not terribly uncommon.


Greg