sbav8r
New Member
Today I got this advertisement in the mail from a magazine called "Aviation Safety," wanting me to subscribe. The magazine markets itself as being for the protection of our licenses from the FAA. They gave examples of what were supposed to be unjust repercussions from the FAA, but the example they gave just doesn't convince me.
Here it is:
[ QUOTE ]
Recently in the Midwest a pilot was instructed to "climb and maintain one five thousand." The controller then cleared the pilot to an enroute point "as filed." The pilot heard the no more transmissions. He proceeded to climb to climb to his requested altitude of 19,000 feet. And got busted
The FAA maintained that the instruction containing the phrase "as filed" related only to the route, not the altitude! The FAA won and the pilot did 30 days on the bench.
[/ QUOTE ]
First, I personally never would have deviated from altitude after being issued "climb maintain." Just because you requested an altitude does not mean you automatically get that altitude. If radio communication was lost then the pilot would have been expected to fly the highest of the following: assigned altitude, MEA, or if ATC has advised to expect a higher altitude. Nowhere is it ever appropriate to fly the filed altitude in your flight plan. Speaking of lost radio, why did the controller not contact him when he deviated from altitude? The letter only says "the pilot heard no more transmissions." What does that mean? Did the controller not attempt to contact him or did the pilot not respond? Had he really lost communication and then proceeded to climb to his requested altitude? This letter acts as though I should be appalled by the actions of the FAA however, I think that they are very reasonable in citing this pilot from what little information was contained in the letter.
Any other opinions on this?
Here it is:
[ QUOTE ]
Recently in the Midwest a pilot was instructed to "climb and maintain one five thousand." The controller then cleared the pilot to an enroute point "as filed." The pilot heard the no more transmissions. He proceeded to climb to climb to his requested altitude of 19,000 feet. And got busted
The FAA maintained that the instruction containing the phrase "as filed" related only to the route, not the altitude! The FAA won and the pilot did 30 days on the bench.
[/ QUOTE ]
First, I personally never would have deviated from altitude after being issued "climb maintain." Just because you requested an altitude does not mean you automatically get that altitude. If radio communication was lost then the pilot would have been expected to fly the highest of the following: assigned altitude, MEA, or if ATC has advised to expect a higher altitude. Nowhere is it ever appropriate to fly the filed altitude in your flight plan. Speaking of lost radio, why did the controller not contact him when he deviated from altitude? The letter only says "the pilot heard no more transmissions." What does that mean? Did the controller not attempt to contact him or did the pilot not respond? Had he really lost communication and then proceeded to climb to his requested altitude? This letter acts as though I should be appalled by the actions of the FAA however, I think that they are very reasonable in citing this pilot from what little information was contained in the letter.
Any other opinions on this?