AVIATION PRACTICE BULLETIN

APRIL 12, 1999

FAA Interpretive Ruling on Compliance with ATC Clearances

On April 1, 1999, the Federal Aviation Administration published in the Federal Register an Interpretive Ruling that reacts to a line of cases decided by administrative law judges from the National Transportation Safety Board concerning pilot compliance with air traffic control instructions. In the Interpretive Ruling, the FAA restates its long-held policy that it is a pilot’s duty to listen attentively to and comply fully with all ATC instructions and that read-backs, even if incorrect and not corrected by the controller, do not excuse errors that result from not hearing or complying fully with an instruction. In cases beginning with Administrator v. Frohmuth, the NTSB has excused pilot errors in cases where pilots gave incomplete or incorrect read-backs which were not corrected by controllers. In the FAA’s opinion, these NTSB decisions substitute a duty to accurately and fully read back instructions for a duty to listen attentively and comply.

The FAA Interpretive Ruling states that this line of NTSB cases incorrectly interpret FAA regulations, which the FAA believes do not provide a shield from liability to a pilot who reads an instruction back improperly or incompletely and does not receive a correction from the air traffic controller. The Ruling further states that the FAA may consider the fact that the pilot gave a full readback in deciding the appropriate sanction for a violation of an air traffic instruction or clearance if, under the circumstances, the controller reasonably could have recognized the pilot’s error in receiving or interpreting the instruction or clearance and corrected it but failed to do so. The mere act of reading back does not, according to the FAA, shift the burden to the controller and cannot insulate the pilot from his or her primary responsibility under part 91.123 of the FARs to listen attentively, hear accurately, and construe reasonably a controller’s instructions.

If you have any questions with regard to this or any other matter of FAA policy, please contact Ralph Margulis or Mark Rabidoux at (313) 961-8380 (or e-mail us at rmargulis@jafferaitt.com or mrabidoux@jafferaitt.com).

Jaffe, Raitt, Heuer and Weiss, a full service business law firm with over 80 lawyers, is based in Detroit, Michigan. With a principal commitment to meet the diverse needs of clients efficiently and effectively, the Firm’s expertise extends to virtually all aspects of business law. The Firm’s reputation has been established by its proven ability to respond to clients’ needs in a timely and innovative manner while maintaining a high quality of legal service.

This memorandum is intended as general discussion and should not be construed or used as legal advice or legal opinion on any specific facts or circumstances. Consult a member of the Aviation Practice Group of the Firm with any specific questions.