PPL » Air Law (A) & (H) » Clearances
4.62 Clearances
4.62.2 State the requirements for complying with ATC clearances and instructions. CAR Part 91 & AIP ENR
91.241 Compliance with ATC clearances and instructions
A pilot of an aircraft operating in a control area or control zone must comply with any ATC clearance or ATC instruction issued by the ATC unit responsible for that airspace.
This does not apply when the pilot is manoeuvring in accordance with:
- an ACAS resolution advisory;
- a GPWS alert; or
- a TAWS alert.
When a deviation from an ATC clearance or instruction is required for the safe operation of the aircraft, the pilot must notify ATC of the deviation as soon as possible.
A pilot does not have to comply with an ATC clearance or instruction if compliance would cause the pilot to breach a rule in Part 91.
When a pilot elects not to comply for this reason, the pilot must immediately notify the appropriate ATC unit of the non-compliance.
An ATC clearance does not remove the pilot’s responsibility to comply with:
- Civil Aviation Rules;
- procedures established for the safety of flight; or
- any other applicable procedures.