Flyvne
New Member
My captain and I got into a debate about the legality of keeping our own separation on an IFR flight plan. Here is what happened:
We were level at 11,000 in a CRJ700 above a broken layer in VMC at night.
Controller: “Traffic 11 to 12 o'clock left to right 12,000. A 757.”
We said: “Traffic in sight”
Controller: “Roger. Maintain visual, climb to 17,000 when able direct JERRE”
Not sure if the “when able” was for 17,000, direct JERRE, or both. I assumed both. I also assumed we were to climb when we were clear of traffic. We were to maintain our own visual separation. Direct JERRE would pose no conflict as we were under the 757.
The captain claims that climbing immediately would cause a TA or an RA (which is true) and that the controller cannot give use a climb clearance in this scenario. He assumed that the “when able” was for “direct JERRE” and not the altitude. She could, he claims, give us a direct to a point and ask us to maintain our own separation but not altitude changes.
So can a controller give you an altitude change instruction and ask you to maintain your own separation in VMC with visible traffic on an IFR flight plan?
We were level at 11,000 in a CRJ700 above a broken layer in VMC at night.
Controller: “Traffic 11 to 12 o'clock left to right 12,000. A 757.”
We said: “Traffic in sight”
Controller: “Roger. Maintain visual, climb to 17,000 when able direct JERRE”
Not sure if the “when able” was for 17,000, direct JERRE, or both. I assumed both. I also assumed we were to climb when we were clear of traffic. We were to maintain our own visual separation. Direct JERRE would pose no conflict as we were under the 757.
The captain claims that climbing immediately would cause a TA or an RA (which is true) and that the controller cannot give use a climb clearance in this scenario. He assumed that the “when able” was for “direct JERRE” and not the altitude. She could, he claims, give us a direct to a point and ask us to maintain our own separation but not altitude changes.
So can a controller give you an altitude change instruction and ask you to maintain your own separation in VMC with visible traffic on an IFR flight plan?