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failure. During two−way radio communications
failure when confronted by a situation not covered in
the regulation, pilots are expected to exercise good
judgment in whatever action they elect to take.
Should the situation so dictate, they should not be
reluctant to use the emergency action contained in
14CFR Section91.3(b).
12.2Whether two−way communications failure
constitutes an emergency depends on the circumstances,
and in any event is a determination made by
the pilot. 14CFR Section 91.3 authorizes a pilot to
deviate from any rule to the extent required to meet
an emergency.
12.3In the event of two−way radio communications
failure, ATC service will be provided on the basis that
the pilot is operating in accordance with 14 CFR
Section 91.185. A pilot experiencing two−way
communications failure should (unless emergency
authority is exercised) comply with 14CFR Section
91.185 as indicated below.
12.4Unless otherwise authorized by ATC, each pilot
who has two−way radio communications failure
when operating under IFR shall comply with the
following conditions:
12.4.1If the failure occurs in VFR conditions, or if
VFR conditions are encountered after the failure,
each pilot shall continue the flight under VFR and
land as soon as practicable.
NOTE−
This procedure also applies when two-way radio failure
occurs while operating in Class A airspace. The primary
objective of this provision in 14CFR Section91.185 is to
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.
12.4.2If the failure occurs in IFR conditions, or if
VFR conditions cannot be complied with, each pilot
shall continue the flight according to the following
requirements.
12.5Route requirements:
12.5.1By the route assigned in the last ATC
clearance received.
12.5.2If being radar vectored, by the direct route
from the point of radio failure to the fix, route, or
airway specified in the vector clearance.
12.5.3In the absence of an assigned route, by the
route that ATC has advised may be expected in a
further clearance.
12.5.4In 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.
12.6Altitude requirements. At the HIGHEST of the
following altitudes or flight levels FOR THE ROUTE
SEGMENT BEING FLOWN:
12.6.1The altitude or flight level assigned in the last
ATC clearance received.
12.6.2The minimum altitude (converted, if
appropriate, to minimum flight level as prescribed in
14CFR Section 91.121(c)) for IFR operations.
12.6.3The altitude or flight level ATC has advised
may be expected in a further clearance.
AIP
United States of America
GEN 3.4−23
15 MAR 07
Federal Aviation Administration Nineteenth Edition
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, he/she should maintain the highest of
the following altitudes until that time/fix: (1) his/her last
assigned altitude, or (2) the minimum altitude/flight level
for IFR operations.
Upon reaching the time/fix specified, the pilot should
commence his/her climb to the altitude he/she was 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
paragraph 12.7, Leave Clearance Limit.
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