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Regs regarding "VFR flight following?" (also: "need to vent")



 
 
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Old October 28th 06, 01:43 PM posted to rec.aviation.owning
Steven P. McNicoll[_1_]
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Default Regs regarding "VFR flight following?" (also: "need to vent")


"Ben Jackson" wrote in message
...

I may have been in their "outer area". It's funny this should come up,
because I recall that a question about the class C outer area is the only
one I missed on the private written.


The charted Class C airspace would be just a fraction of the controlled
airspace delegated to Portland approach.



Are you referring to:

Pilot participation is voluntary within the outer area and can
be discontinued, within the outer area, at the pilot's request.
Class C services will be provided in the outer area unless the
pilot requests termination of the service.

But I'm referring to FAR 91.123(b):

Except in an emergency, no person may operate an aircraft
contrary to an ATC instruction in an area in which air traffic
control is exercised.


You're assuming that the regulation was intended to include instructions
that ATC is not authorized to issue. I think that unlikely.



So the question remains: If ATC issues me an instruction when I'm
speaking to them voluntarily (so 91.123(a) does not apply becuase
I'm not operating under a clearance), am I stuck with that instruction?


No.



The closest I can find is in 708 7-8-5(b) re Altitude Assignments:
http://www.faa.gov/ATPubs/ATC/Chp7/atc0708.html

Aircraft assigned altitudes which are contrary to 14 CFR Section
91.159 shall be advised to resume altitudes appropriate for the
direction of flight when the altitude is no longer needed for
separation, when leaving the outer area, or when terminating
Class C service.

I suppose that means that I *do* have to obey ATC, but they have to drop
the altitude restriction if I cancel. So from that I infer that if you
get a vector you don't like while in the outer area, a "cancel flight
following" should result in "resume own nav".


Bingo.


 




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