Further speculation is he was NOT in VFR conditions but assumed he was barely high enough to clear the terrain and that no one would be the wiser..
Unless he could see the terrain, I'm not sure he knew how close he was cutting it.
Further speculation is he was NOT in VFR conditions but assumed he was barely high enough to clear the terrain and that no one would be the wiser..
After reading the report, I would say that it only summarized the interaction between the pilot and controller so we can't really say what their actual conversation was. During the period the airplane was out of radar coverage the controller may have assumed that the pilot was climbing at the minimum IFR climb gradient for enroute. Above 10,000' it is 100' per nm.
I have climbed out non-radar and have not gotten any instructions like that. It's the pilot's responsibility to know that the airplane can meet the minimum climb gradient.Non radar, you don't make assumptions , you get reports. And you issue positive control instructions, such as "cross xx miles west of xxx at and maintain 160".
I have climbed out non-radar and have not gotten any instructions like that. It's the pilot's responsibility to know that the airplane can meet the minimum climb gradient.
I am speaking of the controllers responsibility. The system is designed to protect the innocents from the dumb asses you know.
If it's the controllers responsibility to issue instructions like that for a climb in non-radar conditions, I can't recall ever having received instructions like that, at least not on a regular basis. I have been asked to report reaching a certain altitude but have not been monitored along the way.I am speaking of the controllers responsibility. The system is designed to protect the innocents from the dumb asses you know.
But...
You can't protect dumb asses from themselves...
If it's the controllers responsibility to issue instructions like that for a climb in non-radar conditions, I can't recall ever having received instructions like that, at least not on a regular basis. I have been asked to report reaching a certain altitude but have not been monitored along the way.
In this case I haven't made any final judgement, but I'm strongly leaning to the side that it could have been averted with proper ATC procedures. And those kids could have grown up to adulthood.
I know the pilot this, the pilot that, but I don't see any way that flight should have gotten as far West as it did at 140.
I realize that. However, you have posted a number of things which you claim ATC is supposed to do which are contrary to what I have experienced. I agree that there may be varying interpretations of the controller manual which differ between regions and individual controllers. I am not going to claim which one is correct. I'm only pointing out that others must have different ideas than you do.I can't address every situation you've had .
I agree with all you said.. But..
If you saw the conditions that father took off in, you would not blame anyone else but him......
In this case I haven't made any final judgement, but I'm strongly leaning to the side that it could have been averted with proper ATC procedures. And those kids could have grown up to adulthood.
I know the pilot this, the pilot that, but I don't see any way that flight should have gotten as far West as it did at 140.
I realize that. However, you have posted a number of things which you claim ATC is supposed to do which are contrary to what I have experienced. I agree that there may be varying interpretations of the controller manual which differ between regions and individual controllers. I am not going to claim which one is correct. I'm only pointing out that others must have different ideas than you do.
I guess we need to wait for a chief council interpretation on some of these things.
I don't think I've ever seen Ron use a smiley.
I realize that. However, you have posted a number of things which you claim ATC is supposed to do which are contrary to what I have experienced. I agree that there may be varying interpretations of the controller manual which differ between regions and individual controllers. I am not going to claim which one is correct. I'm only pointing out that others must have different ideas than you do.
I guess we need to wait for a chief council interpretation on some of these things.
Don't you mean as far east?
If you are enroute and non radar, you should be asked to make reports, perhaps being given crossing restrictions for change of altitude, that sort of thing. If there is a change in MIA, it is the controllers job to make sure you get there. Non radar, you don't guess, you don't make assumptions about rate of climb or any of that. You use positive control measures.
I'm not sure whether you're trying to address my specific situation, but if so, you're missing that they declined to give me a clearance from my present position, instead offering me only a clearance that takes effect at the MIA. If I needed to enter IMC to get to the MIA, I don't see how I could legally accept that clearance.How you get to MIA will be up to you. If the terrain/obstacle condition is such that you determine you couldn't safely make it in IMC (if that condition prevails) then you should wait. If you are intimately familiar with the area and have the right equipment maybe you feel you good safely reach MIA in the soup.
There are two most likely possibilities. One, the controller thought the pilot was cleared to 160, but wasn't. Two , the pilot was cleared to 160 but never climbed above 140.
On either scenario , why did the pilot fly so long flat and level at 140, with nothing being said by either party?
That's what I gather from what Steven has posted as well, but I've yet to be asked that question in that context. It's always, Nxxxxx looking for an IFR to Newport, or Nashua. They come back with the question, either right away or after telling me they can't give me a clearance as long as I'm below 5400. The answer is always yes since there are no obstacles above 3000 along that route this side of LEB. The time I mentioned where they gave me an "upon reaching" clearance, it might have been I who volunteered that I could maintain my own obstruction clearance.The terrain / obstruction question ATC is asking you, should only be asked AFTER you already informed them that you are unable to maintain VMC until reaching the MIA. If you can maintain your own terrain / obstruction clearance while IMC and below the MIA, they can issue the clearance. Really shouldn't be much of a delay involved.
I'm not sure whether you're trying to address my specific situation, but if so, you're missing that they declined to give me a clearance from my present position, instead offering me only a clearance that takes effect at the MIA. If I needed to enter IMC to get to the MIA, I don't see how I could legally accept that clearance.
This is one of the reasons I avoid picking up clearances in the air here unless there are no reported cloud bases below the MIA.
Right, in a pop-up situation. This was not a pop-up, I had a flight plan on file.I will defer to someone else on this . When I was working the job, if a VFR pop up below MIA asked for an IFR clnc, no questions about terrain were asked. Some would ask the pilot if they were capable and equipped for IFR.
I will defer to someone else on this . When I was working the job, if a VFR pop up below MIA asked for an IFR clnc, no questions about terrain were asked. Some would ask the pilot if they were capable and equipped for IFR.
Chapter 4 in the 7110.65 address the issue from ATC standpoint if you want to check that out.
Whatever, but fwiw I've never heard picking up a filed IFR in the air called a pop-up. And you mentioned some controllers asking if the pilot is rated and equipped, the ONLY time I've ever heard of that happening is when no flight plan is on file. I've picked up in the air many times and have never been asked that.Were you in the air? If so, that is what I call a pop up. If you were in the air with a FP on file, that is a good pop up. If you are in the air without a FP, you are a bad pop up.
True, but only if the verified mode c altitude was above the highest obstacle in the area or the proposed route of flight. Otherwise, the terrain and obstruction jargon applies.
Whatever, but fwiw I've never heard picking up a filed IFR in the air called a pop-up. And you mentioned some controllers asking if the pilot is rated and equipped, the ONLY time I've ever heard of that happening is when no flight plan is on file. I've picked up in the air many times and have never been asked that.
You are required to make position reports but only at mandatory waypoints or turn points on point-to-point routes, or when leaving an assigned altitude. In this case it would probably have been KICNE and RIW, not anywhere in-between.If you are enroute and non radar, you should be asked to make reports, perhaps being given crossing restrictions for change of altitude, that sort of thing. If there is a change in MIA, it is the controllers job to make sure you get there. Non radar, you don't guess, you don't make assumptions about rate of climb or any of that. You use positive control measures.
Not sure why that's for me, since I think (hope) I made it clear that I'm NOT talking about a pop-up situation (using my definition, which is apparently the same as yours and DIFFERENT from VC's).For Azure. About half way down the writer outlines the controller duties for a VFR to IFR.
http://www.avweb.com/news/system/183174-1.html
Personally, I refer to a "Pop Up IFR" as someone who hasn't filed and looking for an IFR clearance as indicated in the article. Official terminology is Abbreviated IFR Flight Plan. Really not a flight plan since no one filed. Basically just need the basics to type into the computer.
I didn't say there was a requirement to ask that, only that it's the only time I've heard the question asked.There is no requirement to ask a pilot who has requested an IFR clearance if he is rated and equipped. Doesn't matter if he has already filed an IFR flight plan or not, doesn't matter if he's in the air or on the ground. That question is asked when a controller is working a VFR aircraft in weather difficulty so as not to offer an IFR clearance as a way out to a pilot who is not rated and equipped.
Not sure why that's for me, since I think (hope) I made it clear that I'm NOT talking about a pop-up situation (using my definition, which is apparently the same as yours and DIFFERENT from VC's).
In the cases I'm talking about, I'd filed IFR before taking off and was looking to pick up my clearance in the air. Totally different situation.
Not sure why that's for me, since I think (hope) I made it clear that I'm NOT talking about a pop-up situation (using my definition, which is apparently the same as yours and DIFFERENT from VC's).
In the cases I'm talking about, I'd filed IFR before taking off and was looking to pick up my clearance in the air. Totally different situation.
I didn't say there was a requirement to ask that, only that it's the only time I've heard the question asked.
Okay, I went through the trouble of pulling up the 7110.65 and skimming through a few pages until I found section 4.2.8, which seems to be what you are talking about. It's consistent with what Steven has posted, and NOT consistent with my experience with ZBW.If you are in the air, requesting IFR clnc, FP or no FP, chapter 4 of the 7110.65 ( close to the beginning of the chapter) will give you the answer you are seeking in plain language.
If you've filed, isn't most of that information already on the strip? (aircraft type and equipment, contact info, etc.)Correct but if you go to the point where the controller asks the questions for VFR looking to pick up an IFR, that's what is applicable. Doesn't matter if you filed or not. They have to ask those questions.
Okay, I went through the trouble of pulling up the 7110.65 and skimming through a few pages until I found section 4.2.8, which seems to be what you are talking about. It's consistent with what Steven has posted, and NOT consistent with my experience with ZBW.