4-4-10. Adherence to Clearance

1. When air traffic clearance has been obtained under either visual or instrument flight rules, the pilot-in-command of the aircraft must not deviate from the provisions thereof unless an amended clearance is obtained. When ATC issues a clearance or instruction, pilots are expected to execute its provisions upon receipt. ATC, in certain situations, will include the word “IMMEDIATELY” in a clearance or instruction to impress urgency of an imminent situation and expeditious compliance by the pilot is expected and necessary for safety. The addition of a VFR or other restriction; i.e., climb or descent point or time, crossing altitude, etc., does not authorize a pilot to deviate from the route of flight or any other provision of the ATC clearance.
2. When a heading is assigned or a turn is requested by ATC, pilots are expected to promptly initiate the turn, to complete the turn, and maintain the new heading unless issued additional instructions.
3. The term “AT PILOT'S DISCRETION” included in the altitude information of an ATC clearance means that ATC has offered the pilot the option to start climb or descent when the pilot wishes, is authorized to conduct the climb or descent at any rate, and to temporarily level off at any intermediate altitude as desired. However, once the aircraft has vacated an altitude, it may not return to that altitude.
4. When ATC has not used the term “AT PILOT'S DISCRETION” nor imposed any climb or descent restrictions, pilots should initiate climb or descent promptly on acknowledgement of the clearance. Descend or climb at an optimum rate consistent with the operating characteristics of the aircraft to 1,000 feet above or below the assigned altitude, and then attempt to descend or climb at a rate of between 500 and 1,500 fpm until the assigned altitude is reached. If at anytime the pilot is unable to climb or descend at a rate of at least 500 feet a minute, advise ATC. If it is necessary to level off at an intermediate altitude during climb or descent, advise ATC, except when leveling off at 10,000 feet MSL on descent, or 2,500 feet above airport elevation (prior to entering a Class C or Class D surface area), when required for speed reduction.
5. If the altitude information of an ATC DESCENT clearance includes a provision to “CROSS (fix) AT” or “AT OR ABOVE/BELOW (altitude),” the manner in which the descent is executed to comply with the crossing altitude is at the pilot's discretion. This authorization to descend at pilot's discretion is only applicable to that portion of the flight to which the crossing altitude restriction applies, and the pilot is expected to comply with the crossing altitude as a provision of the clearance. Any other clearance in which pilot execution is optional will so state “AT PILOT'S DISCRETION.”
6. In case emergency authority is used to deviate from provisions of an ATC clearance, the pilot-in-command must notify ATC as soon as possible and obtain an amended clearance. In an emergency situation which does not result in a deviation from the rules prescribed in 14 CFR part 91 but which requires ATC to give priority to an aircraft, the pilot of such aircraft must, when requested by ATC, make a report within 48 hours of such emergency situation to the manager of that ATC facility.
7. The guiding principle is that the last ATC clearance has precedence over the previous ATC clearance. When the route or altitude in a previously issued clearance is amended, the controller will restate applicable altitude restrictions. If altitude to maintain is changed or restated, whether prior to departure or while airborne, and previously issued altitude restrictions are omitted, those altitude restrictions are canceled, including departure procedures and STAR altitude restrictions.
8. Pilots of turbojet aircraft equipped with afterburner engines should advise ATC prior to takeoff if they intend to use afterburning during their climb to the en route altitude. Often, the controller may be able to plan traffic to accommodate a high performance climb and allow the aircraft to climb to the planned altitude without restriction.
9. If an “expedite” climb or descent clearance is issued by ATC, and the altitude to maintain is subsequently changed or restated without an expedite instruction, the expedite instruction is canceled. Expedite climb/descent normally indicates to the pilot that the approximate best rate of climb/descent should be used without requiring an exceptional change in aircraft handling characteristics. Normally controllers will inform pilots of the reason for an instruction to expedite.

4-4-11. IFR Separation Standards

1. ATC effects separation of aircraft vertically by assigning different altitudes; longitudinally by providing an interval expressed in time or distance between aircraft on the same, converging, or crossing courses, and laterally by assigning different flight paths.
2. Separation will be provided between all aircraft operating on IFR flight plans except during that part of the flight (outside Class B airspace or a TRSA) being conducted on a VFR-on-top/VFR conditions clearance. Under these conditions, ATC may issue traffic advisories, but it is the sole responsibility of the pilot to be vigilant so as to see and avoid other aircraft.
3. When radar is employed in the separation of aircraft at the same altitude, a minimum of 3 miles separation is provided between aircraft operating within 40 miles of the radar antenna site, and 5 miles between aircraft operating beyond 40 miles from the antenna site. These minima may be increased or decreased in certain specific situations.