4–4–10 Adherence to Clearance

a. When air traffic clearance has been obtained under either visual or instrument flight rules, the pilot-in-command of the aircraft must not deviate from the provisions thereof unless an amended clearance is obtained. When ATC issues a clearance or instruction, pilots are expected to execute its provisions upon receipt. ATC, in certain situations, will include the word “immediately” in a clearance or instruction to impress urgency of an imminent situation and expeditious compliance by the pilot is expected and necessary for safety. The addition of a VFR or other restriction; i.e., climb or descent point or time, crossing altitude, etc., does not authorize a pilot to deviate from the route of flight or any other provision of the ATC clearance.

b. When a heading is assigned or a turn is requested by ATC, pilots are expected to promptly initiate the turn, to complete the turn, and maintain the new heading unless issued additional instructions.

c. The term “AT PILOT’S DISCRETION” included in the altitude information of an ATC clearance means that ATC has offered the pilot the option to start climb or descent when the pilot wishes, is authorized to conduct the climb or descent at any rate, and to temporarily level off at any intermediate altitude as desired. However, once the aircraft has vacated an altitude, it may not return to that altitude.

d. When ATC has not used the term “AT PILOT’S DISCRETION” nor imposed any climb or descent restrictions, pilots should initiate climb or descent promptly on acknowledgement of the clearance. Descend or climb at an optimum rate consistent with the operating characteristics of the aircraft to 1,000 feet above or below the assigned altitude, and then attempt to descend or climb at a rate of between 500 and 1,500 fpm until the assigned altitude is reached. If at anytime the pilot is unable to climb or descend at a rate of at least 500 feet a minute, advise ATC. If it is necessary to level off at an intermediate altitude during climb or descent, advise ATC, except when leveling off at 10,000 feet MSL on descent, or 2,500 feet above airport elevation (prior to entering a Class C or Class D surface area), when required for speed reduction.

Reference: 14 CFR Section 91.117.

Note: Leveling off at 10,000 feet MSL on descent or 2,500 feet above airport elevation (prior to entering a Class C or Class D surface area) to comply with 14 CFR section 91.117 airspeed restrictions is commonplace. Controllers anticipate this action and plan accordingly. Leveling off at any other time on climb or descent may seriously affect air traffic handling by ATC. Consequently, it is imperative that pilots make every effort to fulfill the above expected actions to aid ATC in safely handling and expediting traffic.

e. If the altitude information of an ATC DESCENT clearance includes a provision to “CROSS (fix) AT” or “AT OR ABOVE/BELOW (altitude),” the manner in which the descent is executed to comply with the crossing altitude is at the pilot’s discretion. This authorization to descend at pilot’s discretion is only applicable to that portion of the flight to which the crossing altitude restriction applies, and the pilot is expected to comply with the crossing altitude as a provision of the clearance. Any other clearance in which pilot execution is optional will so state “AT PILOT’S DISCRETION.”

Example 1: “United Four Seventeen, descend and maintain six thousand.”

Note 1: The pilot is expected to commence descent upon receipt of the clearance and to descend at the suggested rates until reaching the assigned altitude of 6,000 feet.

Example 2: “United Four Seventeen, descend at pilot’s discretion, maintain six thousand.”

Note 2: The pilot is authorized to conduct descent within the context of the term at pilot’s discretion as described above.

Example 3: “United Four Seventeen, cross Lakeview V-O-R at or above Flight Level two zero zero, descend and maintain six thousand.”

Note 3: The pilot is authorized to conduct descent at pilot’s discretion until reaching Lakeview VOR and must comply with the clearance provision to cross the Lakeview VOR at or above FL200. After passing Lakeview VOR, the pilot is expected to descend at the suggested rates until reaching the assigned altitude of 6,000 feet.

Example 4: “United Four Seventeen, cross Lakeview V-O-R at six thousand, maintain six thousand.”

Note 4: The pilot is authorized to conduct descent at pilot’s discretion, however, must comply with the clearance provision to cross the Lakeview VOR at 6,000 feet.

Example 5: “United Four Seventeen, descend now to Flight Level two seven zero, cross Lakeview V-O-R at or below one zero thousand, descend and maintain six thousand.”

Note 5: The pilot is expected to promptly execute and complete descent to FL270 upon receipt of the clearance. After reaching FL270 the pilot is authorized to descend “at pilot’s discretion” until reaching Lakeview VOR. The pilot must comply with the clearance provision to cross Lakeview VOR at or below 10,000 feet. After Lakeview VOR the pilot is expected to descend at the suggested rates until reaching 6,000 feet.

Example 6: “United Three Ten, descend now and maintain Flight Level two four zero, pilot’s discretion after reaching Flight Level two eight zero.”

Note 6: The pilot is expected to commence descent upon receipt of the clearance and to descend at the suggested rates until reaching FL280. At that point, the pilot is authorized to continue descent to FL240 within the context of the term “at pilot’s discretion” as described above.

f. In case emergency authority is used to deviate from provisions of an ATC clearance, the pilot-in-command must notify ATC as soon as possible and obtain an amended clearance. In an emergency situation which does not result in a deviation from the rules prescribed in 14 CFR part 91 but which requires ATC to give priority to an aircraft, the pilot of such aircraft must, when requested by ATC, make a report within 48 hours of such emergency situation to the manager of that ATC facility.

g. The guiding principle is that the last ATC clearance has precedence over the previous ATC clearance. When the route or altitude in a previously issued clearance is amended, the controller will restate applicable altitude restrictions. If altitude to maintain is changed or restated, whether prior to departure or while airborne, and previously issued altitude restrictions are omitted, those altitude restrictions are canceled, including departure procedures and STAR altitude restrictions.

Example 1: A departure flight receives a clearance to destination airport to maintain FL290. The clearance incorporates a DP which has certain altitude crossing restrictions. Shortly after takeoff, the flight receives a new clearance changing the maintaining FL from 290 to 250. If the altitude restrictions are still applicable, the controller restates them.

Example 2: A departing aircraft is cleared to cross Fluky Intersection at or above 3,000 feet, Gordonville VOR at or above 12,000 feet, maintain FL200. Shortly after departure, the altitude to be maintained is changed to FL240. If the altitude restrictions are still applicable, the controller issues an amended clearance as follows: “cross Fluky Intersection at or above three thousand, cross Gordonville V-O-R at or above one two thousand, maintain Flight Level two four zero.”

Example 3: An arriving aircraft is cleared to the destination airport via V45 Delta VOR direct; the aircraft is cleared to cross Delta VOR at 10,000 feet, and then to maintain 6,000 feet. Prior to Delta VOR, the controller issues an amended clearance as follows: “turn right heading one eight zero for vector to runway three six I-L-S approach, maintain six thousand.”

Note: Because the altitude restriction “cross Delta V-O-R at 10,000 feet” was omitted from the amended clearance, it is no longer in effect.

h. Pilots of turbojet aircraft equipped with afterburner engines should advise ATC prior to takeoff if they intend to use afterburning during their climb to the en route altitude. Often, the controller may be able to plan traffic to accommodate a high performance climb and allow the aircraft to climb to the planned altitude without restriction.

i. If an “expedite” climb or descent clearance is issued by ATC, and the altitude to maintain is subsequently changed or restated without an expedite instruction, the expedite instruction is canceled. Expedite climb/descent normally indicates to the pilot that the approximate best rate of climb/descent should be used without requiring an exceptional change in aircraft handling characteristics. Normally controllers will inform pilots of the reason for an instruction to expedite.