Faa Ifr To Vfr Rule

[prm1]

Question for QUALIFIED people to perhaps give me a ruling on.

The other day I was in a flight a a light jet on a 135 trip, we were on descent from FL350 and our last instructions were as follows

"123ab" Decend at pilot descretion to 10 000 clear to the the airport VOR for the Sector A vor, circle to land approach. We repeated the clearance and proceeded to the aid as instructed. At all times it was a CAVOK day and we could easily see the field 30 miles out. At approx 4 miles from the field the FO broke away from the approach and began to manuvoure to land. NO COMMS could be estabilshed at this stage with centre.

I argued with the PF that our last clearance was to conduct the VOR circle approach and thats what we were going to do until which time we could establish coms again. He disagreed and and claimed we were visual, it was an uncontrolled airport and we could do what we wished.

Who's right, who's wrong here!And more importantly whats the legal requirement :ugh:

Regards

[411A]

14CFR135 operating turbo jets must be on an IFR flight plan.
If the last instructions from the ATC center were to accomplish the VOR approach, that is just what should be done...until the airport is in sight, then a visual or contact approach can be completed, provided however that ATC has concurred.

A specific concurrance from ATC would therefore be required.

No comms?
Complete the VOR approach as instructed.

Question for QUALIFIED people to perhaps give me a ruling on.


FAA ATPL, flying jet aircraft for 35 years.

[zerozero]

I totally agree with 411A's answer, but I'll approach it from a different direction.

A visual approach is an IFR clearance. In fact, it's the only approach clearance that doesn't have a missed approach segment.

In other words, you must be cleared for the visual approach.

In FAR Part 91 it says something along the lines of: Thou shalt not operate contrary to an ATC clearance.

BUT! If you're planning a circle approach, at some point you're gonna have to break it off and join the normal flow of traffic. And that point doesn't necessarily have to be the MDA at the MAP.

In other words, you don't have to fly the whole thing, just far enough past the FAF that you tuned into CTAF and announced your intentions to the other traffic in the pattern.

Maybe 4 miles was close enough? I don't know, I wasn't there. But the PF should have given a more specific brief about how he intended to execute the circling maneuver.
:cool: