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preclude extended IFR operation by these aircraft within
the ATC system. Pilots should recognize that operation
under these conditions may unnecessarily as well as
adversely affect other users of the airspace, since ATC may
be required to reroute or delay other users in order to
protect the failure aircraft. However, it is not intended that
the requirement to “land as soon as practicable” be
construed to mean “as soon as possible.” Pilots retain the
prerogative of exercising their best judgment and are not
required to land at an unauthorized airport, at an airport
unsuitable for the type of aircraft flown, or to land only
minutes short of their intended destination.
3. IFR conditions. If the failure occurs in IFR
conditions, or if subparagraph 2 above cannot be
complied with, each pilot shall continue the flight
according to the following:
(a) Route.
(1) By the route assigned in the last ATC
clearance received;
(2) If being radar vectored, by the direct
route from the point of radio failure to the fix, route,
or airway specified in the vector clearance;
(3) In the absence of an assigned route, by
the route that ATC has advised may be expected in a
further clearance; or
(4) In the absence of an assigned route or a
route that ATC has advised may be expected in a
further clearance by the route filed in the flight plan.
(b) Altitude. At the HIGHEST of the
following altitudes or flight levels FOR THE ROUTE
SEGMENT BEING FLOWN:
(1) The altitude or flight level assigned in
the last ATC clearance received;
(2) The minimum altitude (converted, if
appropriate, to minimum flight level as prescribed in
14 CFR Section 91.121(c)) for IFR operations; or
(3) The altitude or flight level ATC has
advised may be expected in a further clearance.
NOTE−
The intent of the rule is that a pilot who has experienced
two-way radio failure should select the appropriate
altitude for the particular route segment being flown and
make the necessary altitude adjustments for subsequent
route segments. If the pilot received an “expect further
clearance” containing a higher altitude to expect at a
specified time or fix, maintain the highest of the following
altitudes until that time/fix:
(1) the last assigned altitude; or
(2) the minimum altitude/flight level for IFR
operations.
AIM 2/19/04
6−4−2 Two−way Radio Communications Failure
Upon reaching the time/fix specified, the pilot should
commence climbing to the altitude advised to expect. If the
radio failure occurs after the time/fix specified, the altitude
to be expected is not applicable and the pilot should
maintain an altitude consistent with 1 or 2 above. If the
pilot receives an “expect further clearance” containing a
lower altitude, the pilot should maintain the highest of 1 or
2 above until that time/fix specified in subparagraph (c)
Leave clearance limit, below.
EXAMPLE−
1. A pilot experiencing two-way radio failure at an
assigned altitude of 7,000 feet is cleared along a direct
route which will require a climb to a minimum IFR altitude
of 9,000 feet, should climb to reach 9,000 feet at the time
or place where it becomes necessary (see 14 CFR
Section 91.177(b)). Later while proceeding along an
airway with an MEA of 5,000 feet, the pilot would descend
to 7,000 feet (the last assigned altitude), because that
altitude is higher than the MEA.
2. A pilot experiencing two-way radio failure while being
progressively descended to lower altitudes to begin an
approach is assigned 2,700 feet until crossing the VOR and
then cleared for the approach. The MOCA along the airway
is 2,700 feet and MEA is 4,000 feet. The aircraft is within
22 NM of the VOR. The pilot should remain at 2,700 feet
until crossing the VOR because that altitude is the
minimum IFR altitude for the route segment being flown.
3. The MEA between a and b: 5,000 feet. The MEA
between b and c: 5,000 feet. The MEA between c and d:
11,000 feet. The MEA between d and e: 7,000 feet. A pilot
had been cleared via a, b, c, d, to e. While flying between
a and b the assigned altitude was 6,000 feet and the pilot
was told to expect a clearance to 8,000 feet at b. Prior to
receiving the higher altitude assignment, the pilot
experienced two-way failure. The pilot would maintain
6,000 to b, then climb to 8,000 feet (the altitude advised to
expect). The pilot would maintain 8,000 feet, then climb to
11,000 at c, or prior to c if necessary to comply with an
MCA at c. (14 CFR Section 91.177(b).) Upon reaching d,
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