ATC is in charge of traffic management, and we’re in charge of getting to our destination alive. When those responsibilities are in conflict, it’s up to us to prioritize.
Low over water
It may come as a surprise to you that, from time to time, we endanger our lives and that of our passengers, and sometimes even violate FARs, when we accept a clearance from ATC.
Key Takeaways:
- Pilots bear ultimate responsibility for flight safety, and sometimes ATC clearances, such as the DEKAL TWO arrival, may compel them to operate unsafely or violate FARs (e.g., FAR 135.183) by descending below power-off glide distance to shore.
- Operating outside power-off glide distance over water unnecessarily is considered both illegal for Part 135 operations and unsafe for Part 91, potentially exposing pilots to significant liability in the event of an engine failure.
- Pilots are empowered and expected to refuse unsafe ATC clearances by stating "Unable" and requesting alternative routing or altitudes to ensure compliance with regulations and maintain safe flight operations.
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