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Old 8th Sep 2018, 14:33
  #19 (permalink)  
Lead Balloon
 
Join Date: Nov 2001
Location: Australia/India
Posts: 2,891
Originally Posted by Squawk7700 View Post
Thanks CaptainMidnight, a nice and informative post that clears up the logic behind the point I made.

I also note the use of the “must plan” terminology which gives an out when it comes time to the actual flight.
You’re confusing the secondary source of the flexibility that ATC has to allow departure from the legal requirement in controlled airspace, for the primary legal requirement. Here’s the primary legal requirement from the CARs 1988, replicating the equivalent previous ANR:
173 Cruising level to be appropriate to magnetic track

(1)When a V.F.R. flight is conducted at a height of 5,000 feet or more above mean sea level, the pilot in command must, subject to any contrary air traffic control instructions, ensure that the cruising level of the aircraft is appropriate to its magnetic track.

Penalty: 25 penalty units.

(2)When a V.F.R. flight is conducted at a height less than 5,000 feet above mean sea level, the pilot in command must, subject to any contrary air traffic control instructions, ensure that the cruising level of the aircraft is, whenever practicable, appropriate to its magnetic track.

Penalty: 25 penalty units.

(2A) CASA must notify in AIP or NOTAMS the cruising levels appropriate to an aircraft’s magnetic track.
Ain’t no “planning” crap in there, and ain’t no ATC instructions to VFRs in E or G.

You cruise at an IFR level when operating VFR in E or G: You’re operating illegally unless you’re below 5,000’ AGL and it’s not practicable for you to operate at a VFR level. In controlled airspace you have to plan to cruise at a VFR level if operating to the VFR, but ATC can - obviously - direct otherwise. Note: E is not controlled airspace for VFR aircraft.

Please learn the basic rules and comply with them.



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