Busting Class D Airspace

I don't see why some folks are getting their knickers in a knot. Pertinent to this thread, on multiple flights I've flown through Chino KCNO surface area without talking to TWR. That also applies at other D and even C airports.

Flying across different regions or even different ATC facilities within the same region, I've encountered what may be termed as a broad interpretation of TERPS. Some ATC want it this way, some want it that way. As a pilot, I just roll with it. It's not difficult.

Knowing the regs/rules goes far. If ATC wants me to do something in a manner contrary to that which I'm familiar, I do it as long as it doesn't violate the reg. But the pilot must know the regs first.
 
Other than that the Center-Class C situation isn't covered by the Radar Facility-Surface Area section of the Controller's Bible?

I don't see the relevance of what the controller's handbook says. It's neither regulatory nor addressed to the pilot. More important than the situation addressed by the LOI is its reasoning, which includes

By providing this courtesy, the Center does not obligate itself to advise pilots operating under VFR of their geographic position nor of their obligations under section 91.130(c)(1) or any other sections of 14 CFR .

My inference is that the pilot's communication responsibilities are absolute and communication with Center doesn't relieve the pilot of them. Yes, this contradicts what the controller's handbook says, but I remember a previous LOI that I received that indicated that the General Counsel's office isn't moved by what is contained in an Order.
 
I don't see the relevance of what the controller's handbook says. It's neither regulatory nor addressed to the pilot. More important than the situation addressed by the LOI is its reasoning, which includes



My inference is that the pilot's communication responsibilities are absolute and communication with Center doesn't relieve the pilot of them. Yes, this contradicts what the controller's handbook says, but I remember a previous LOI that I received that indicated that the General Counsel's office isn't moved by what is contained in an Order.
That's ok. What the Controller's Handbook says seems to me to work in practice and I'm personally satisfied with it and the protection it affords me as a pilot those times that I would be low enough to actuallly go through Class D on a flight (happens from time to time under the Denver Class B).

Of course, that's not legal advice for anyone else.

Definition of "non-regulatory" - something that appears in an FAA publication that one doesn't agree with, as in, "I don't like the idea that I can't use a handheld GPS for IFR navigation. The AIM says I can't. The AIM is non-regulatory"
 
Definition of "non-regulatory" - something that appears in an FAA publication that one doesn't agree with, as in, "I don't like the idea that I can't use a handheld GPS for IFR navigation. The AIM says I can't. The AIM is non-regulatory"
The AIM is non-regulatory until something happens. We had a midair at my airport 2 years ago killing 5 people. The guy who started his crosswind turn before the altitude specified in the AIM was found at fault for the accident by the NTSB. Legal action is being taken against his estate now.Lawsuit filed over fatal Corona midair crash
 
The only civilian Class D in my area with an app. freq. that I know of is ROW, but if there is a freq. listed in the AFD than I would always contact that one first. I was under the impression that most Class D towers (even with radar) couldn't provide seperation services period due to the controllers not being radar certified (kind of a question for you since you were an ATCer and probably know more than I do).
You are correct, there is not a lot of good examples in your area. Once in awhile a tower will call radar contact, turn me on my way then hand me off to approach control. I have no ATC experience with a tower who was allowed to do that.
 
I wish someone had told me the 7110.65 was non regulatory... my job could have been so much easier up to this point. It is an FAA Order document. It's very regulatory for us.

We own two Class D surface areas within our approach control airspace. We coordinate the transition of any aircraft into or through those surfaces areas whether they are IFR or on flight following.
 
Definition of "non-regulatory" - something that appears in an FAA publication that one doesn't agree with, as in, "I don't like the idea that I can't use a handheld GPS for IFR navigation. The AIM says I can't. The AIM is non-regulatory"

Actually, I like what the ATC Handbook says on the matter, but I think it conflicts with more authoritative statements from the FAA, ones that I don't like. So I have accepted as closer to the truth something that I find unpleasant, which blows your theory. (It's called "intellectual integrity".)
 
Actually, I like what the ATC Handbook says on the matter, but I think it conflicts with more authoritative statements from the FAA, ones that I don't like. So I have accepted as closer to the truth something that I find unpleasant, which blows your theory. (It's called "intellectual integrity".)

The only example I can think of is an interpretation from the FAA stating that a CENTER controller providing traffic advisories was not sufficient to transit a Delta/Charlie/Bravo. In the case of the Bravo, obviously, you would need a clearance. For the Charlie or Delta, it is because Center probably isn't the correct "facility providing air traffic services".

But this cannot be the case for APPROACH. If it were, why bother having approach control for a Delta and Charlie airspaces in the first place? (There are Delta airspaces with their own approach controllers - FMH or NQX for example.)

In any case, it isn't the AIM, it is CFR 91.129(c)(1)
Arrival or through flight. Each person must establish two-way radio communications with the ATC facility (including foreign ATC in the case of foreign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace.

If the FAA meant you must be in contact with Tower, it would say Tower and not ATC facility.

Here's a question. If I do in fact need to contact tower prior to entering a Delta airspace, how is it possible for one to do a VFR practice approach? For example, let's say a flight cleared for a practice TACAN RWY 4 KMCF. That approach is largely in the KTPA Bravo and KSPG Delta. Is an additional clearance needed from KSPG to transit the Delta? Or how about a practice approach for the ILS 17L KPIE - does the VFR "approach clearance" imply a clearance through the KTPA Bravo?
 
I don't see why some folks are getting their knickers in a knot. Pertinent to this thread, on multiple flights I've flown through Chino KCNO surface area without talking to TWR. That also applies at other D and even C airports..

I have done this multiple times too, but it always makes me nervous, as there are different regs and LOIs contradicting each other. We get situations like this when controllers are told one thing, pilots are told another thing, and then the FAA issues a letter saying something else.

It is very similar to the situation where the controller does not expect a PT, but pilots are required to do it.
 
While I understand the importance and the reason of LOIs, et al, I question why a pilot would concern himself with such, operationally speaking. I'm much more concerned that the FAA is an enforcement agency and should be warily viewed as such.
 
No, Tower is an ATC facility. Were it not the case, no aircraft could ever enter class D without contacting Center.

Approach is certainly an ATC facility too.

I think we can all agree Approach is the appropriate authority to clear VFR traffic into a Bravo.
And I think we can all agree Approach is the appropriate authority for VFR traffic to contact before entering Charlie.
Why is a Delta airspace with an approach controller any different? (The communication requirement FARs are identical for Charlie and Delta airspace).

91.129 also states that in a Charlie/Delta, one must maintain two way communication. I would read that to mean you shouldn't be changing frequency to contact Tower until instructed to do so (You aren't really maintaining communication while you are changing frequencies). And Approach may have a good reason for not handing you off immediately - they may need to maintain separation around other IFR traffic in that Delta.

A typical VFR flight for me here transits 2 or 3 Delta airspaces and a Bravo in less than 10 minutes. When being vectored by approach/departure, is it really the FAA's desire for me to initiate contact with those 3 towers individually?
 
Approach is certainly an ATC facility too.

I think we can all agree Approach is the appropriate authority to clear VFR traffic into a Bravo.
And I think we can all agree Approach is the appropriate authority for VFR traffic to contact before entering Charlie.
Why is a Delta airspace with an approach controller any different? (The communication requirement FARs are identical for Charlie and Delta airspace).

91.129 also states that in a Charlie/Delta, one must maintain two way communication. I would read that to mean you shouldn't be changing frequency to contact Tower until instructed to do so (You aren't really maintaining communication while you are changing frequencies). And Approach may have a good reason for not handing you off immediately - they may need to maintain separation around other IFR traffic in that Delta.

A typical VFR flight for me here transits 2 or 3 Delta airspaces and a Bravo in less than 10 minutes. When being vectored by approach/departure, is it really the FAA's desire for me to initiate contact with those 3 towers individually?

When with approach, that controller will coordinate. I've been given a change to a tower freq well inside what would be a Class D area by the approach controller. He had pre-coordinated and the tower was expecting me when I contacted them. Shouldn't be a huge issue.
 
Back
Top