Question on Flight Following Departure Instruction

[Yogi]

Does the departure instruction for a VFR flight following received on ground constitute as a clearance to fly through a TFR and other airspaces with entry requirement? I requested a VFR flight following on ground at KFUL the other day and the departure instruction was to turn left on heading 120. After taking off from runway 24 and turning left on the assigned heading, the tower instructed to contact SoCal. The problem was, there was absolutely no break in the approach frequency for me to check in. With the Disney TFR quickly approaching and thinking that the departure instruction for a VFR flight following received on ground doesn't constitute as a clearance to fly through the TFR, I turned at the last minute to avoid the TFR. When I finally established a communication with SoCal, the controller immediately chewed me up for not being on 120 heading. I explained that I was avoiding the TFR but he said it didn't matter. Should I have stayed on 120 heading and flown through the Disney TFR without talking to SoCal? How about KSNA class C airspace that was also in front of me? Should I have entered it without establishing two-way radio communication which is the entry requirement for Class C?

 

[dmspilot]

Depends on the particular TFR. Some are no entry not matter what, others have certain rules you have to comply with to enter.

I believe the TFR you are referring to is 4/3635, "DISNEYLAND THEME PARK, ANAHEIM, California near SEAL BEACH VORTAC (SLI)". Here is an excerpt:

THE RESTRICTIONS DO NOT APPLY TO THOSE AIRCRAFT AUTHORIZED BY AND IN CONTACT WITH ATC FOR OPERATIONAL OR SAFETY OF FLIGHT PURPOSES, DEPARTMENT OF DEFENSE, LAW ENFORCEMENT, AND AIR AMBULANCE FLIGHT OPERATIONS. FLIGHTS CONDUCTED FOR OPERATIONAL PURPOSES OF ANY DISNEYLAND EVENT AND VENUE ARE AUTHORIZED WITH AN APPROVED WAIVE​

 

[mandm]

Follow what ATC says. I made a big deal about this avoiding DC and going out of the way. I told ATC my destination they said direct XX now.

 

[Shawn]

An instruction is not a clearance per the FAA and pilot is still ultimately responsible to ensure they are in in compliance with all the regs.

You were on a discrete squawk and give and instruction so you were good to fly through the Disney TFR even through you did not establish with SoCal. Although they are all different as to their entrance requirement a TFR is not restricted or D/C/B airspace.

You had not yet established and maintained communions with the facility providing air traffic services to SNA (aka SoCal) so in that instance you would have been correct to turn off 120 to avoid Charlie had you made it that far without communications.

That one is a bit of a local knowledge gotcha as out of FUL you will always get the 120 on FF to avoid you barreling into LGB airspace should you exact scenario of being unable to establish happen, but it also points ya at that TFR. Gotta be aggressive on the radio in that area sometimes!