Tuesday, October 26, 2010

Recent Changes in the National Airspace System

Runway Crossing Instructions from Ground Control
Effective June 30, 2010, the Federal Aviation Administration instituted a change in the format for runway crossing clearances issued by air traffic controllers (ATC), specifically ground control. Previously, if a pilot was authorized to taxi to a runway that required crossing another runway, then ATC issued a clearance directly to the final runway destination on the airport. For example, a clearance received such as "Cessna 23841 you are cleared to runway 31 left via Zulu" meant that the pilot was directed to taxi to runway 31L via taxiway Zulu and that the pilot could cross all other runways en route to the end of runway 31L.

With the new change instituted, that type of taxi clearance is no longer being issued by ATC. The reason for the change is simple. The FAA wants to eliminate runway incursions. Now, when a taxi clearance is given that requires crossing active, inactive, or closed runways, it is done so in a piecemeal fashion. Using the example above, if the aircraft must cross runway 31R to get to runway 31L, then the taxi clearance might sound like this, "Cessna 23841 cleared to taxi to runway 31R via Zulu." Upon reaching 31R, the aircraft would then receive a second clearance from ground control authorizing the pilot to taxi across runway 31R to get to 31L. In short, pilots should now expect to receive specific crossing instructions for each runway encountered on the taxi route.

"Line Up & Wait" Replaces "Taxi Into Position and Hold"
Effective September 30, 2010, the FAA made another change to standardized communications. The phrase "taxi into position and hold" has been eliminated from the lexicon. Instead, controllers will use the phrase "line up and wait". The meaning of the new phrase for pilots is exactly the same as the meaning for the old phrase. The change was made to reduce confusion with non-native English speakers for whom the phrase "taxi into position and hold" led to runway incursions. The new phraseology brings US operations and communications in line with the International Civil Aviation Organization (ICAO) standards being utilized around the world.

Transition to New Procedures
Pilots as a group don't like changes to procedures. However, the failure to adhere to new procedures carries the possibility of loss of life and significant property damage in the aviation industry. Where there is either a risk of loss of life and/or significant property damage, then there exists the potential for increased liability for negligence on the part of pilots. Concurrently, the potential for violation increases too. Taking these recent changes into account, Federal Aviation Regulation 91.103 titled "Preflight action." comes into play.

FAR 91.103 provides in pertinent part, "Each pilot in command, shall before beginning a flight, become familiar with all available information concerning that flight." If a situation occurs where a pilot fails to adhere to a runway crossing instruction under the new phraseology or the pilot fails to maneuver the aircraft properly in response to a "line up and wait" instruction, then the pilot without question has not become familiar with all available information concerning the flight. Legally, a pilot's failure to make himself/herself aware of the new operating procedures constitutes a violation of FAR 91.103. Ask yourself, "How many flights have I conducted recently without being aware of the changes?" With today's modern technology, there is simply no excuse for not maintaining awareness of the changes in operating procedure. In an enforcement hearing, the FAA most assuredly will take this position of zero tolerance for violating these very well publicized procedures.

The best course of action is to take steps to make sure that you, as the Pilot-In-Command, become familiar with all available information concerning that flight prior to departure. Resources are available through the FAA's website, the Aircraft Owners & Pilots Association's website, and industry magazines. If you need more information on either of these recent changes or are interested in implementing a program to maintain awareness of changes promulgated by regulatory agencies that impact your flying, then contact Ronnie Gipson at gipson@higagipsonllp.com.