2.
See paragraph 32. of this section, IFR Separation Standards; GEN 3.3 paragraph 6, Position Reporting; and GEN 3.3 paragraph 7, Additional Reports.
42.13.1.2 By requesting a VFR.on.top clearance, the pilot assumes the sole responsibility to be vigilant so as to see and avoid other aircraft and to:
a) Fly at the appropriate VFR altitude as prescribed in 14 CFR Section 91.159.
b) Comply with the VFR visibility and distance from clouds criteria in 14 CFR Section 91.155 (Basic VFR Weather Minimums).
c) Comply with instrument flight rules that are applicable to this flight; i.e., minimum IFR altitudes, position reporting, radio communications, course to be flown, adherence to ATC clearance, etc.
d) Advise ATC prior to any altitude change to ensure the exchange of accurate traffic information.
42.13.2 Controller
42.13.2.1 May clear an aircraft to maintain VFR. on.top if the pilot of an aircraft on an IFR flight plan requests the clearance.
42.13.2.2 Informs the pilot of an aircraft cleared to climb to VFR.on.top the reported height of the tops or that no top report is available; issues an alternate clearance if necessary; and once the aircraft reports reaching VFR.on.top, reclears the aircraft to maintain VFR.on.top.
42.13.2.3 Before issuing clearance, ascertains that the aircraft is not in or will not enter Class A airspace.
42.14 Instrument Departures
42.14.1 Pilot
42.14.1.1 Prior to departure, considers the type of terrain and other obstructions on or in the vicinity of the departure airport.
42.14.1.2 Determines if obstruction avoidance can be maintained visually or that the departure procedure should be followed.
42.14.1.3 Determines whether a departure proce-dure and/or instrument departure procedure (DP) is available for obstruction avoidance.
42.14.1.4 At airports where instrument approach procedures have not been published, hence no published departure procedure, determines what action will be necessary and takes such action that will assure a safe departure.
42.14.2 Controller
42.14.2.1 At locations with airport traffic control service, when necessary, specifies direction of takeoff/turn or initial heading to be flown after takeoff.
42.14.2.2 At locations without airport traffic control service but within Class E surface area, when necessary to specify direction of takeoff/turn or initial heading to be flown, obtains pilot’s concurrence that the procedure will allow him/her to comply with local traffic patterns, terrain, and obstruction avoidance.
42.14.2.3 Includes established departure procedures as part of the air traffic control clearance when pilot compliance is necessary to ensure separation.
42.15 Minimum Fuel Advisory
42.15.1 Pilot
42.15.1.1 Advises ATC of your “minimum fuel” status when your fuel supply has reached a state where, upon reaching destination, you cannot accept any undue delay.
42.15.1.2 Be aware that this is not an emergency situation but merely an advisory that indicates an emergency situation is possible should any undue delay occur.
42.15.1.3 On initial contact the term “minimum fuel” should be used after stating call sign.
EXAMPLE.
Salt Lake Approach, United 621, “minimum fuel.”
42.15.1.4 Be aware a minimum fuel advisory does not imply a need for traffic priority.
42.15.1.5 If the remaining usable fuel supply suggests the need for traffic priority to ensure a safe landing, you should declare an emergency due to low fuel, and report the fuel remaining in minutes.
42.15.2 Controller
42.15.2.1 When an aircraft declares a state of “minimum fuel,” relay this information to the facility to whom control jurisdiction is transferred.
42.15.2.2
Be alert for any occurrence which might delay the aircraft.
43.
Traffic Alert and Collision Avoidance System (TCAS I & II)
43.1 TCAS I provides proximity warning only, to assist the pilot in the visual acquisition of intruder aircraft. No recommended avoidance maneuvers are provided nor authorized as a direct result of a TCAS I warning. It is intended for use by smaller commuter aircraft holding 10 to 30 passenger seats, and general aviation aircraft.
43.2 TCAS II provides traffic advisories (TAs) and resolution advisories (RAs). RAs provide recom-mended maneuvers in a vertical direction (climb or descend only) to avoid conflicting traffic. Airline aircraft, and larger commuter and business aircraft holding 31 passenger seats or more, use TCAS II equipment.
43.3 Each pilot who deviates from an ATC clearance in response to a TCAS II RA shall notify ATC of that deviation as soon as practicable and expeditiously return to the current ATC clearance when the traffic conflict is resolved.
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