The primary objective of this provision in 14 CFR Section 91.185 is to preclude extended IFR operation by these aircraft within the ATC system. This procedure also applies when two‐way radio failure occurs while operating in Class A airspace. If the failure occurs in VFR conditions, or if VFR conditions are encountered after the failure, each pilot must continue the flight under VFR and land as soon as practicable. Unless otherwise authorized by ATC, each pilot who has two‐way radio communications failure when operating under IFR must comply with the rules of this section. A pilot experiencing two‐way communications failure should (unless emergency authority is exercised) comply with 14 CFR Section 91.185 quoted below: In the event of two‐way radio communications failure, ATC service will be provided on the basis that the pilot is operating in accordance with 14 CFR Section 91.185. 14 CFR Section 91.3(b) authorizes a pilot to deviate from any rule in Subparts A and B to the extent required to meet an emergency. Whether two‐way communications failure constitutes an emergency depends on the circumstances, and in any event, it is a determination made by the pilot. Should the situation so dictate they should not be reluctant to use the emergency action contained in 14 CFR Section 91.3(b).
During two‐way radio communications failure, when confronted by a situation not covered in the regulation, pilots are expected to exercise good judgment in whatever action they elect to take. It is virtually impossible to provide regulations and procedures applicable to all possible situations associated with two‐way radio communications failure.
FAA Form 7233−4 International Flight Plan
#ATC COMMUNICATIONS AIRCRAFT ACCIDENTS CODE#
Code of Federal Regulations and Advisory Circulars.
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