![]() 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. The altitude or flight level ATC has advised may be expected in a further clearance. The minimum altitude (converted, if appropriate, to minimum flight level as prescribed in 14 CFR Section 91.121(c)) for IFR operations or The altitude or flight level assigned in the last ATC clearance received At the HIGHEST of the following altitudes or flight levels FOR THE ROUTE SEGMENT BEING FLOWN: 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. In the absence of an assigned route, by the route that ATC has advised may be expected in a further clearance or 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 If the failure occurs in IFR conditions, or if subparagraph 2 above cannot be complied with, each pilot must continue the flight according to the following:īy the route assigned in the last ATC clearance received 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. 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. The primary objective of this provision in 14 CFR Section 91.185 is to preclude extended IFR operation by these aircraft within the ATC system. This procedure also applies when two‐way radio failure occurs while operating in Class A airspace. If the failure occurs in VFR conditions, or if VFR conditions are encountered after the failure, each pilot must continue the flight under VFR and land as soon as practicable. Unless otherwise authorized by ATC, each pilot who has two‐way radio communications failure when operating under IFR must comply with the rules of this section. A pilot experiencing two‐way communications failure should (unless emergency authority is exercised) comply with 14 CFR Section 91.185 quoted below: In 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. 14 CFR Section 91.3(b) authorizes a pilot to deviate from any rule in Subparts A and B to the extent required to meet an emergency. Whether two‐way communications failure constitutes an emergency depends on the circumstances, and in any event, it is a determination made by the pilot. Should the situation so dictate they should not be reluctant to use the emergency action contained in 14 CFR Section 91.3(b). ![]() 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. It is virtually impossible to provide regulations and procedures applicable to all possible situations associated with two‐way radio communications failure. FAA Form 7233−4 International Flight Plan
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