Old 04-28-2016 | 04:51 PM
  #4  
Metroaviator
Line Holder
 
Joined: Jun 2015
Posts: 37
Likes: 0
From: EMB505
Default

"If you give an incorrect readback, ATC is not responsible for correcting you, and you are responsible for adhering to the clearance you were given. You are responsible for adhering to the clearance you were given, if you've accepted the clearance, regardless of how you read it back."

John....I have to humbly disagree with you on this. That thought process has been how the FAA wants the NTSB to interpret CFR 91.123 during any enforcement investigations. However, NTSB case law during those [past] investigations tended to give benefit of a doubt to the pilot, when the pilot made a incorrect read back which was not corrected by ATC. Those case laws then made the FAA issue an "Interpretive Rule" in April 1999 in order to get the NTSB to do things and enforce things their [FAA] way.

See the AOPA link below:

Regulatory Brief -- FAA interpretive rule places the responsibility for compliance with ATC clearances and instructions squarely on the pilot - AOPA

I can't find anything more recent on this so I'm not sure if AOPA was successful with getting that ruling rescinded. My guess is NO. But I also believe NTSB doesn't agree with it.

Also according to the ATC Manual JO-7110.65W and AIM controllers do have a responsibility to ensure read backs are correct:

FAA JO-7110.65W
2−4−3. PILOT ACKNOWLEDGMENT/READ BACK
Ensure pilots acknowledge all Air Traffic Clearances and ATC Instructions. When a pilot reads back an Air Traffic Clearance or ATC Instruction:
a. Ensure that items read back are correct.
b. Ensure the read back of hold short instructions, whether a part of taxi instructions or a LAHSO clearance.
c. Ensure pilots use call signs and/or registration numbers in any read back acknowledging an Air Traffic Clearance or ATC Instruction.

AIM 5−5−2. Air Traffic Clearance
a. Pilot.

1. Acknowledges receipt and understanding of
an ATC clearance.
2. Reads back any hold short of runway instructions issued by ATC.
3. Requests clarification or amendment, as appropriate, any time a clearance is not fully understood or considered unacceptable from a safety standpoint.
4. Promptly complies with an air traffic clearance upon receipt except as necessary to cope with an emergency. Advises ATC as soon as possible and obtains an amended clearance, if deviation is necessary.
b. Controller.
1. Issues appropriate clearances for the operation to be conducted, or being conducted, in accordance with established criteria.
2. Assigns altitudes in IFR clearances that are at or above the minimum IFR altitudes in controlled airspace.
3. Ensures acknowledgement by the pilot for issued information, clearances, or instructions.
4. Ensures that readbacks by the pilot of altitude, heading, or other items are correct. If incorrect, distorted, or incomplete, makes corrections as appropriate.

I think ultimately you will be just fine but as John suggested and I 100% agree, talk with AOPA legal services if you can.

Good Luck

Last edited by Metroaviator; 04-28-2016 at 05:15 PM.
Reply