The Pilot Who Refuses a Frequency Change
You are flying IFR in controlled airspace. Approach instructs you to contact tower on a specified frequency. The pilot flying, who owns the aircraft, insists on staying on the approach frequency because he says he has heard tower is "difficult" and he prefers to keep talking to the controller he already knows. You are the pilot monitoring and the aircraft is approaching the final approach fix. The tower frequency is quiet, and the approach controller has already reminded you once to change frequency. The owner says the instruction is "just a suggestion" and that as pilot in command he can choose which frequency to use.
1. Explain the regulatory and safety position on the frequency change instruction and the owner's claim that it is "just a suggestion."
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An instruction to contact tower on a specified frequency is a clearance-related instruction from an air traffic controller, not a suggestion. In controlled airspace, the pilot in command must comply with air traffic control instructions unless compliance would compromise safety, in which case the pilot must advise the controller and resolve the situation.
The owner's reasoning is flawed in several ways. First, the controller's instruction is issued for traffic separation and coordination; refusing it undermines the safe management of the flight. Second, the approach controller has already reminded the flight once, which indicates the instruction is operationally necessary. Third, the pilot in command's authority does not extend to disregarding ATC instructions in controlled airspace.
The correct action is to change to the tower frequency as instructed, establish contact, and if there is a genuine concern about the tower controller, raise it through the appropriate channel after the flight rather than by refusing the instruction in flight.
2. Describe how you would handle the situation in the cockpit in the immediate term, and what follow-up action you would take after landing.
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Immediate term:
State the risk clearly: Tell the owner that the instruction is an ATC instruction, that the approach controller has already reminded the flight, and that continuing on the approach frequency risks loss of separation and a possible airspace infringement.
Change frequency: Contact tower as instructed and read back the frequency change correctly. If the owner physically resists, you should be prepared to take control of the radio yourself, as pilot monitoring, to ensure compliance.
Monitor: Confirm that two-way contact with tower is established and that the flight is correctly identified.
After landing:
Debrief: Discuss the event with the owner, focusing on the regulatory obligation to comply with ATC instructions and the safety consequences of non-compliance.
Report: If the refusal created a safety risk, consider whether it should be reported through the operator's safety management system or to the regulator, depending on the seriousness.
Record: Document the event and the actions taken, so there is a clear record if questions arise later.
Training: If the owner genuinely misunderstands the status of ATC instructions, arrange refresher training on radio procedures and pilot responsibilities.