§ 91.123 Compliance with ATC clearances and instructions.
(a) When an ATC clearance has been obtained, no pilot in command may deviate from that clearance unless an amended clearance is obtained, an emergency exists, or the deviation is in response to a traffic alert and collision avoidance system resolution advisory. However, except in Class A airspace, a pilot may cancel an IFR flight plan if the operation is being conducted in VFR weather conditions. When a pilot is uncertain of an ATC clearance, that pilot shall immediately request clarification from ATC.
How is that regulation violated when the clearance does not mention the HILPT?
§ 91.175 Takeoff and landing under IFR.
(a)
Instrument approaches to civil airports. Unless otherwise authorized by the FAA, when it is necessary to use an instrument approach to a civil airport, each person operating an aircraft must use a standard instrument approach procedure prescribed in part 97 of this chapter for that airport. This paragraph does not apply to United States military aircraft.[/QUOTE]
Where's the violation? From Part 97:
§ 97.3 Symbols and terms used in procedures.
Procedure turn means the maneuver prescribed when it is necessary to reverse direction to establish the aircraft on an intermediate or final approach course. The outbound course, direction of turn, distance within which the turn must be completed, and minimum altitude are specified in the procedure. However, the point at which the turn may be begun, and the type and rate of turn, is left to the discretion of the pilot.
There's nothing in Part 97 that says when a course reversal must be flown. The definition of Procedure Turn, "the maneuver prescribed
when it is necessary to reverse direction to establish the aircraft on an intermediate or final approach course", supports my position much better than yours. Clearly, it is not necessary to reverse direction in the situation we're discussing.
§ 91.13 Careless or reckless operation.
(a)
Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.
(b)
Aircraft operations other than for the purpose of air navigation. No person may operate an aircraft, other than for the purpose of air navigation, on any part of the surface of an airport used by aircraft for air commerce (including areas used by those aircraft for receiving or discharging persons or cargo), in a careless or reckless manner so as to endanger the life or property of another.
Nonsense. If there is some danger in not flying the HILPT that danger is there even when cleared straight-in.
The procedure is regulatory (part of Part 97 of the FARs) and the course reversal is part of the procedure. The AIM gives you certain conditions where the FAA says you can skip the reversal, but unless so authorized specifically, failure to fly the reversal once cleared for the approach is failing to fly the procedure as published, and that is a regulatory violation.
Nothing in the FARs supports that position.