Originally Posted by ShyTorque
I agree, A&C. However, one thing that must be borne in mind: In your example, had the pilot chosen to speak to ATC, he was in Class G so ATC could only have REQUESTED that he cap his altitude. The problem comes from controllers thinking they are entitled to control aircraft operating in Class G. They can't. Once a pilot has been inconvenienced a few times (not that capping an altitude normally is, unless the pilot is wanting to climb to MSA due to decreasing weather conditions) he begins to think that the next time he won't bother contacting ATC.
Here's what the MATS Pt 1 says on the subject, the interesting bit about "control" is towards the end...
Approach Control Service Outside Controlled Airspace
1.4.1 An air traffic control unit at an aerodrome outside controlled airspace (Class F and G airspace) shall provide approach control services to aircraft, as determined by the aerodrome operator and approved by the CAA, from the time and place at which:
a) arriving aircraft place themselves under the control of approach control until control is transferred to aerodrome control;
b) departing aircraft are taken over from aerodrome control until they no longer wish to receive a service or are 10 minutes flying time away from the aerodrome, whichever is the sooner;
c) overflying aircraft place themselves under the control of approach control until they are clear of the approach pattern and either no longer wish to receive a service or are 10 minutes flying time away from the aerodrome, whichever is the sooner.
1.4.2 Aircraft within an aerodrome traffic zone are required to comply with instructions from the air traffic control unit. Flight in Class F and G airspace outside the zone is permitted without an air traffic control clearance. However, controllers may assume that pilots of aircraft flying in the vicinity of the aerodrome in RTF contact with the air traffic control unit are complying with instructions unless they state otherwise.
Controllers are to provide an air traffic control service accordingly.