USA ATC Speed below 10,000 question
I would like to draw from your wisdom. A question came up on this mornings flight. Departing KSNA talking to departure controll somewhere around 6,000 MSL (well below 10,000 with a clearance to 16,000') I was told to maintain 280 KIAS when able.
I have a copy of FAR 91.117 (Aircraft speed in front of me). For the pilots reading this, I am not interested in a discussion of (d) minimum safe airspeed for any particular operation. Again for this discussion I am not interested in the speed requirements of super heavy 747s, A380s with a clean wing-seperate discussion. Those are all interesting but that is not what I am asking about here.
When Part 91 was rewritten I believe one of the changes had to do with FAR 91.117. If I am accelerating in a Boeing 737 NG below 10,000 and ATC tells me "maintain 280 KTS when able":
1. Does this controller expect me to accelerate to 280 below 10,000 as I am certainly capable of doing so.
2. When the controller tells me to "maintain 280 KIAS" have I been (FAR 91.117 (a) "authorized by the Administrator to operate an aircraft above 250 KIAS below 10,000.
For the record we climbed at 250 KIAS untill passing 10,000 MSL then accelerated to 280 KIAS.
Seems to me that during the "educational campaing" back in the early 80s following the rewrite of FAR 91, one of the changes was that ATC could authorize more than 250 KIAS below 10,000.
For you SoCal ATC folks; if I am cleared to 16,000 and at 6,000' climbing and you tell me to maintain 280 KIAS "when able" are you slowing me down above 10,000' (as I normally climb around 300 KIAS) or are you trying to get me to go faster now? Are you authorized to assign me a speed greater than 250 KIAS below 10,000 or not?
If you are authorized to assign me a speed of greater than 250 KIAS below 10,000' what is that clearance going to sound like?
a comment from a FAA attourney would be greatly appreciated. What exactly does FAR 91.117 mean when it says "unless otherwise authorized by the Administrator." References to case history would be appreciated as well.
SoCal ATC it's a pleasure working with you.
I am off to another flight, looking forward to my further education in a few hours when I check back.
Thanks for your time!
Respectfully,
Northbeach