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ANAC Private Pilot Airplane (PPA) (ANAC): The Clearance That Did Not Match the Chart

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The Clearance That Did Not Match the Chart

You are departing a controlled aerodrome VFR in a light single. The tower clears you: 'After departure, turn right heading 090, maintain 2500 ft, report leaving the control zone.' The aerodrome elevation is 1200 ft, the control zone is Class D with a 5 NM radius, and terrain to the east rises to 3100 ft within 8 NM. Your chart shows a marked VFR transit route to the south at 3500 ft and a prohibited area beginning 6 NM east. The airplane's mode C is serviceable. Visibility is 12 km, cloud scattered at 4000 ft.

1. Is the clearance safe and legal to accept as given?

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Legally, the clearance is a heading and level instruction within controlled airspace, and you must comply or negotiate - but you remain responsible for terrain and airspace clearance. Heading 090 takes you toward terrain rising to 3100 ft, above your cleared 2500 ft, and toward a prohibited area starting 6 NM east. At roughly 120 kt you would reach 6 NM in about 3 minutes. So the clearance as issued cannot be flown safely to its logical end. The correct action is to query it before departure: request a southbound departure via the published VFR route climbing to 3500 ft, or ask for a higher level and a heading that clears the high ground.

2. How would you phrase the request, and what would you do if it were refused?

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Phrase it concisely and state the reason: 'Request right turn heading 180 after departure, climb 3500 ft, to remain clear of high ground and the prohibited area.' Controllers respond to clear, specific requests with a reason; they cannot see your chart. If refused, do not simply comply into terrain. Hold position, state the conflict plainly ('Unable heading 090 due high ground and prohibited area ahead'), and ask for an alternative. If no safe clearance is available, shut down and replan on the ground. A clearance is an instruction about airspace, not an indemnity against terrain.