AboutColin Woehrle Expertise Answer questions regarding FARs, VFR and IFR flight operations, the national
airspace system (NAS), communications with ATC, physiology, etc. I answer sincere questions
for aviation enthusiasts and flight students. If I can`t answer your question, I`ll try
my best to point you in the right direction.
(I do not answer questions asking how much it costs to fly from one place to another).
Experience Pilot for a leading west-coast regional airline. Ratings and certificates include: Flight Instructor (CFI, CFII), Commercial Pilot, Instrument, Single Engine Land/Multi-engine Land Airplane
I fly in the San Diego area. I often fly near Palomar Airport which has two Class E surface areas, one extends to the east and one to the northwest. When the airport (Class D) is operating under IFR, tower is under the impression that even if the Class E extension is better than 1000-3, they still can deny VFR aircraft operating in VMC conditions entry into the airspace.
I have not found anything to back up their claim. On the contrary, I have found a section of the AIM (FAA publication) which says otherwise. Section 3-16 (e)(2) reads: "Extension to a surface area:...Such airspace provides controlled airspace to contain standard instrument approach procedures WITHOUT IMPOSING A COMMUNICATIONS REQUIREMENT ON PILOTS OPERATING UNDER VFR."
My question is, does tower have any authority to deny a VFR pilot entry into the Class Extension (surface area) because their class D is IMC? By "entry" I am referring to either passing through or loitering in the Class E.
I understand about the instrument approaches using the Class E but, thus far, and I have asked this question several times, all I have gotten for answers are really opinions with no written legal authority behind the answers (ie FAR section which applies).
With that, where does it say anywhere, in any FAA related publication, that a pilot operating under VFR in VMC conditions has to talk to anybody?
Thanks much,
Scott
Answer Hi Scott,
Sorry for not getting back to you earlier - I've been flying!
I don't know why ATC would try to deny you from entering class E airspace when the weather is 1000-3 or better. I am not familiar with any regulation that gives them this authority.
There is absolutely NO requirement for the VFR pilot to establish and/or maintain radio communication with ATC while operating VFR in class E airspace. ATC cannot deny you from entering this airspace. It might be a good idea to get VFR traffic advisories from ATC but it's not required.
Hope this helps. Good work on doing your research! Thanks for the question, Scott.
