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Thread: Legal Aviation Question

  1. #1

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    Legal Aviation Question

    Recently I was cleared for takeoff, and was part way down the runway when I decided to close the throttle and slow down and pull off at the last exit from the runway.
    I had barely left the runway when the tower controller was demanding on the radio to "say my intentions". He then demanded. "say the reason for the abort". When he was screaming about my "intentions' I wasnt even on the runway and was in a non controlled "non movement" area.
    My thought is that it is none of his business, and certainly not in the way he was going about it which was treating just a rejected takeoff as like some kind of emergency.
    So my question, is does anyone know if there is a legal FAR reason why a pilot has to explain an aborted takeoff to a controller, and should he even be making such a demand?

    I dont know for sure, but think this controller is one that I have had communication problems with before. He gets really excited and hostile and has several times confused my N number with other planes. He's new here in the last year.
    We dont get to visit the tower here like we used to, so dont get to know any of the controllers. They have their own parking lot, and dont mix with the pilots. I think it makes it more difficult to deal with them.

  2. #2
    Mayhemxpc's Avatar
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    Hmmm… Having had a couple of rejected take-offs in controlled airspace, but not being an aviation attorney, I can hazard a guess. My guess is that you deviated from a clearance. You were cleared to take-off and you didn't. FAR 91.123 seems to apply and yes, you do have to tell him why. HOWEVER, that is never an excuse for rude or unprofessional behavior.
    Chris Mayer
    N424AF
    www.o2cricket.com

  3. #3

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    Chris, maybe, but I doubt your interpretation. Lets say I was cleared to land but as I got near the runway I found the crosswind was too strong or I bounced the landing and then went around. Would that be considered devitating from a clearance or part of normal piloting.?I never before had a controller act like that and a few years back, same runway, I aborted when engine was rough and found it was due to a cracked plug.
    Last edited by Bill Greenwood; 08-03-2016 at 07:08 PM.

  4. #4

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    That's a real stretch. The "clearance" that 91.123 speaks to refers to an airspace or navigational clearance. You can always abort a take-off, or a landing for that matter. The Tower gets to wait until you are ready, as pilot in command, to communicate what your next intentions are. If you have any type of "controller" who thinks that they can demand your immediate attention, a post flight written complaint to their boss is in order. Demand that the tower tapes be reviewed and the professional conduct of the individual be addressed.

    Too many pilots crash because they do what the controller says or talk to the controller instead of flying the airplane. "Wait One", or "Unable" are perfectly fine responses when your attention needs to be on the airplane and not some idiot who thinks that they can fly your airplane from their air conditioned seat.

    The good news is that bad attitudes are rare in the tower cabs. And when you get a good one, say "Thanks for the help."

    Best of luck,

    Wes
    N78PS

  5. #5

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    Bill, once you get a clearance to T.O. I would say that you own that runway to use it as necessary for the safety of flight.
    That controller has no reason to get his shorts in a bunch, and I wouldn't worry about any consequences what so ever.
    What ever the reason, you can always say that you had a bad indication on one of your instruments and wanted to check it out, NO ONE would ever fault you for that.
    The reason for the abort is none of his business, you can tell him anything you want, whether it's the truth or something that just sounds good. If he's demanding a response immediately, tell him to stand by if you're busy with something.
    Don't worry about anything, you're fine.

  6. #6
    cub builder's Avatar
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    Some FSDOs now want to investigate rejected take offs and some towers are reporting rejected take offs to the local FSDO for investigation. It's easiest if you just tell them there was a coyote on the runway. If they can't find the coyote, that's their problem, but it's an easy out for the situation. As PIC, you are always in command of your aircraft and should always put flight safety first. Never, ever be intimidated by a controller with an attitude. But it is the FAA's right to question why you did anything with your aircraft after the fact as they operate the airport and own the air space.

    We used to have a controller at a nearby airport that loved to bully and scream at pilots. He and I had to reach an understanding of mutual respect. As soon as I demonstrated that I would not tolerate his tantrums and would not be intimidated, he never tried it again with me. In fact, if you heard us on the radio, you'd think we were best pals after that.

    Cub Builder

  7. #7

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    Quote Originally Posted by Bill Greenwood View Post
    Recently I was cleared for takeoff, and was part way down the runway when I decided to close the throttle and slow down and pull off at the last exit from the runway.
    I had barely left the runway when the tower controller was demanding on the radio to "say my intentions". He then demanded. "say the reason for the abort". When he was screaming about my "intentions' I wasnt even on the runway and was in a non controlled "non movement" area.
    My thought is that it is none of his business, and certainly not in the way he was going about it which was treating just a rejected takeoff as like some kind of emergency.
    So my question, is does anyone know if there is a legal FAR reason why a pilot has to explain an aborted takeoff to a controller, and should he even be making such a demand?
    Yes, during one of my recent training events ATC gave a talk and said they have to have to ask for a reason why you aborted the takeoff as part of a program - occurrence reporting / data collection - don't recall the JO#. The PIC is still the PIC. If you're busy when he ask you to "say intentions" just press the PTT and say "stand by" until you're in position to advise your intentions. When the dreaded "say reason for the abort" comes just sum it up in 3-4 words so they can make their report. "engine overspeed", "caution annunciator light" or "rhinoceros on the runway" whatever the case may be.

    Nobody is getting their wrist slapped and there may be no practical reason, it's just policy.

  8. #8
    FlyingRon's Avatar
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    "Screaming" is never an appropriate behavior on ATC's part. If such had happened to me, I'd be on the phone to the supe/QA the next business day as to the unprofessionalism.
    Asking for a reason for an abort is entirely reasonable (and these days, probably mandated by some FAA policy).

  9. #9
    TedK's Avatar
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    Given that most bureaucracies want info in order to find something wrong with you, I don't think I would give ammunition to a potential witch hunt. "Bug in the cockpit". Impossible to disprove...

  10. #10

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    there's a lot or RTO's performed every yr. Bet you can't find a single pilot that has been disciplined for rejecting a takeoff.

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