Workin'Stiff
Fire in 'da hole!!!!
- Joined
- Sep 10, 2004
- Posts
- 775
91.119 will prevail. A controller cannot clear you to operate contrary to the regulations. This is stated in the AIM, reminding pilots an ATC clearance does not authorize a pilot to deviate from the regulations and that they are responsible for rejecting such a clearance. It is also stated in the Controllers handbook, reminding that they cannot clear a pilot to violate the regulations and that a pilot is obligated to reject such a clearance.
As the interpretation of the rule itself is relatively new, and this interpretation is misunderstood by the controller in this case, it seems that a call to the facility to clarify this scenario would be in order. There certainly is no reason to get into a discussion over the freq. Might as well slow down at 10k and if the controller has a problem with that, ask to speak with them over the phone.
No argument, just my humble opinion.