8 ATC CLEARANCES

8.1 General
- 8.1.1 CAR 91.245 and 91.247 prescribe that airspace in which an ATC clearance is required. Rule 91.225 prescribes the requirements for ATC clearances when operating at an aerodrome where ATC is in attendance.
- 8.1.2 Clearances (and compliance with them) are required by:
  - (a) all aircraft, helicopters, vehicles, equipment and pedestrians to operate on the manoeuvring area at a controlled aerodrome when ATC is in attendance;
  - (b) IFR flights in Class C or D airspace; and
  - (c) VFR flights in Class C or D airspace.
- 8.1.3 A clearance that requires a readback (see 8.2.1) is not deemed to be in effect until it has been read back correctly.
- 8.1.4 Where a clearance is delivered using CPDLC, if the instruction is understood and will be complied with the Air Traffic Services Unit (ATSU) will receive a downlink "WILCO" message. Where the terms of the clearance or instruction cannot be complied with the ATSU will receive a downlink "UNABLE" message.
- 8.1.5 A successful DCL transaction meets the requirements for clearance delivery and readback."
- 8.1.6 An ATC clearance is an authorisation for an aircraft to proceed under conditions specified by ATC and only in so far as controlled airspace and known air traffic is concerned.
- 8.1.7 An ATC instruction is a directive issued by ATC for the purpose of requiring a pilot to take specific action. For the purposes of AIP New Zealand, "clearance" and "instruction" will have the same meaning.
- 8.1.8 ATC clearances are issued only when an ATC service is being provided and do not absolve the pilot from compliance with Civil Aviation Rules, or any procedures established for ensuring safety of flight, or for any other purpose. If a pilot requests a clearance which appears to contravene a Civil Aviation Rule then ATC will:
  - (a) pass all known information relative to the safety of the flight; and
  - (b) issue a clearance based on ATM; and
  - (c) log an airspace incident report.
- 8.1.9 The issuance of a transponder (squawk) code, by itself, does not constitute a clearance to enter controlled airspace.
- 8.1.10 For safety reasons ATC may suspend one or all VFR (including SVFR) operations within a control zone or at a controlled aerodrome.
- 8.1.11 An ATC clearance may not be withheld except:
  - (a) for traffic reasons (applies to IFR and VFR flights); or
  - (b) where ATC cannot accommodate traffic additional to that already accepted due to limitations of equipment, procedures, environmental conditions, or other similar factors; or
  - (c) for non-payment of Airways dues (this will only apply for a departing aircraft to taxi onto a manoeuvring area of a controlled aerodrome).
- 8.1.12 If an ATC clearance is not acceptable to the pilot, an alternative clearance may be requested.
- 8.1.13 CAR 91.245 requires that an ATC clearance be obtained prior to operating an IFR flight, or a portion of an IFR flight, in controlled airspace. Such a clearance must be requested following the submission of a flight plan to an ATS unit.
8.2 Clearance Readback Requirements
- 8.2.1 Except as indicated in 8.2.2, a pilot is required to acknowledge receipt of the following ATC clearances, information or instructions, which are transmitted by voice, by a full readback followed by the aircraft callsign:
  - (a) ATC route, approach and departure clearances including any amendment thereof;
  - (b) clearances to VFR flights to operate within controlled airspace, including entering or vacating the circuit;
  - (c) clearances and instructions (including conditional clearances) to operate on the manoeuvring area at a controlled aerodrome including:
    - (i) clearances and instructions to land on or take-off from any runway;
    - (ii) clearances and instructions to enter, cross, taxi on, or backtrack on any runway;
    - (iii) instructions to remain on or hold clear of any runway;
    - (iv) taxi instructions including a taxi route and holding position where specified.
  - (d) runway-in-use;
  - (e) SSR codes;
  - (f) level instructions;
  - (g) heading and speed instructions;
  - (h) altimeter settings; and
  - (i) frequency, after frequency change instructions.
- 8.2.2 The following exceptions are permitted (although it should be noted that in all cases conditional clearances must be read back in full):
  - (a) Aircraft waiting to cross a runway may acknowledge an instruction to cross with the phrase "CROSSING (callsign)".
  - (b) When a VFR aircraft is cleared by ATC to route via a published arrival or departure procedure that is identical to that initially requested by the pilot, there is no requirement for the pilot to readback the clearance in full. The aircraft must transmit its callsign as an acknowledgement.
- 8.2.3 Where a route clearance is passed to another ATS unit or aircraft for relay, a readback must be made by the receiver to the originator of the clearance.
- 8.2.4 ATC will listen to the read back to ascertain that the clearance or instruction has been correctly acknowledged by the flight crew and will take immediate action to correct any discrepancies revealed by the readback.
- 8.2.5 When instructions are received that do not require a full readback they must be acknowledged in a manner which clearly indicates that they have been understood and accepted. "WILCO" will generally suffice in this case.
- 8.2.6 Messages that do not require a readback must be acknowledged by the aircraft transmitting its callsign.
- 8.2.7 Where there is difficulty in reading a transmission, a readback should be made or requested to verify the content.
- 8.2.8 Within Class C or D airspace traffic information is to be acknowledged by the phrase "COPIED THE TRAFFIC (callsign)" or "TRAFFIC IN SIGHT (callsign)" as appropriate.
- 8.2.9 Traffic information passed to an IFR aircraft about another IFR aircraft in Class G airspace is to be acknowledged as follows:
  - (a) where NO REPORTED TRAFFIC is passed the reply is "NIL TRAFFIC (callsign)"; and
  - (b) where traffic information is passed the reply is "COPIED THE TRAFFIC (callsign)".
8.3 IFR Clearance Contents

8.3.1 ATC clearances based on IFR flight plans contain the following:
- (a) radiotelephony call sign;
- (b) clearance limit;
- (c) route of flight;
- (d) level(s) of flight for the entire route or part thereof and changes of levels if required; and
- (e) any necessary instructions or information on matters such as approach or departure manoeuvres, communications, and the time of expiry of the clearance.
Runway-in-use at:

destination, or

a controlled aerodrome adjacent to destination, or

a controlled aerodrome adjacent to aerodrome of departure,

may be included as part of the route of the flight.

8.4 Standard Route Clearance Delivery System

8.4.1 Standard route clearances depicting designated routes between pairs of aerodromes servicing regular flights within the New Zealand FIR are published in AD 2, in the arrival/departure section of the departure aerodrome. These routes are:
- (a) the ATS preferred route(s) between ADEP and ADES; and
- (b) the most direct, commonly used route between ADEP and ADES taking into account ATM requirements (primary designated route); or
- (c) alternative routes between ADEP and ADES, taking into account operational requirements where flight is precluded on the primary route (secondary designated routes); or
- (d) routes specified for special or restricted use.

8.4.2 The composition of a standard route clearance will be as follows:

Example:	WNNR3
Where:
WN	is the aerodrome of departure (ADEP): Wellington
NR	is the destination aerodrome (ADES): Napier
3	is the plan validity number (1 thru 3 for the primary route, 4 thru 6 for the secondary route, and 7 thru 9 for an extra route). Any change of any element of the route field of a standard route clearance will necessitate a change in the plan validity number.

8.4.3 The route field defines the route to be flown expressed as an ATS route designator, and may include a significant point followed by a further ATS route designator, and so on. Where the departure aerodrome is not located on or connected to the ATS route, the NAVAID or waypoint where the route is joined is listed, followed by the ATS route designator. The route field may terminate with the NAVAID or waypoint serving the instrument approach to the ADES where the ADES is not connected to the ATS route.
8.4.4 A standard route clearance may have more than one route option, being either:
- (a) via defined ATS routes based on the runway-in-use at the aerodrome of departure, or
- (b) via defined ATS routes based on the runway-in-use at a controlled aerodrome adjacent to the aerodrome of departure, or
- (c) via defined ATS routes, or arrival procedures applicable to the runway-in-use at the aerodrome of destination, or a combination of both, or
- (d) via defined ATS routes applicable to the runway-in-use at a controlled aerodrome adjacent to the aerodrome of destination.
8.4.5 When a standard route clearance with more than one route option is used, and the route option is based on the runway-in-use at ADES, the route clearance issued will include either:
- (a) The standard route clearance designator and runway-in-use at ADES; or
- (b) The standard route clearance designator and arrival procedure to be flown as per the runway-in-use at ADES; or
- (c) The arrival procedure to be flown as per the runway-in-use at ADES.
8.4.6 Where a standard route clearance with more than one route option is used, and the route option is based on the runway-in-use at ADEP, the pilot is to operate on the route applicable to the runway-in-use at ADEP.
8.4.7 For traffic management purposes, some route fields may contain diversionary climb requirements, ATC maintains, climb requirements, or have altitude figures appended in brackets.
8.4.8 Altitude figures appended to the standard route clearance relate to:
- (a) an MFA applicable to permanent special use airspace; or
- (b) a MNM or MAX altitude applicable to the use of the standard route clearance; or
- (c) where two or more options are available they relate to high/low level or primary/secondary options; or
- (d) ATM requirements.
8.4.9 The clearance will normally be passed in response to a pilot advising level and alternate requirements prior to start. The SID will normally be issued in conjunction with the clearance, but at some domestic aerodromes departure and separation instructions will be issued separately.
8.4.10 The departure aerodrome will not be included in the clearance, and if the level instructions involve an altitude, the word "AT" will be used between the route instructions and the level instructions.
- Examples:
- Cleared Napier 3 FL170 Titahi Bay 2 departure Squawk 5330 or
- Cleared Nelson 3 at 10000 feet South 1 Foxtrot departure Squawk 5717
8.4.11 The clearance must be read back as issued.
8.4.12 When a pilot wishes to change the route details of a flight planned on a designated route, a request detailing the route shall be made to ATS prior to start. There may be some delay involved in the issue of a clearance in such instances due to the extra coordination required within the ATC system. A full route clearance will be issued. It is the pilot's responsibility (and not a designated agent) to give notification of such a change.
8.4.13 Alternatively a pilot can advise prior to starting of a change from the filed standard route clearance to another standard route clearance. If acceptable to ATS the clearance will be issued using the new standard route clearance to define the route.
8.4.14 Standard route clearances are available for use by all operators.

8.5 IFR Clearance Limit
- 8.5.1 The IFR clearance limit will be the aerodrome of first intended landing, a significant point, or airspace boundary.
- 8.5.2 An IFR clearance will normally be issued from aerodrome of departure to the aerodrome of first intended landing except:
  - (a) where a pilot intends to carry out a number of instrument approaches at one or more aerodromes, the clearance limit will be the aerodrome at which the first approach is to be made; or
  - (b) where a pilot intends to operate in an operational area, such as a MOA or GAA, the clearance limit will be specified as the operational area or other suitable point.
- 8.5.3 When a pilot intends to leave controlled airspace, or leave and subsequently re-enter the same or other controlled airspace on the same continuous route, the IFR clearance limit will normally be the aerodrome of first intended landing. Such a clearance, or revisions to it, will apply only to those portions which are conducted in controlled airspace. Traffic information will be provided for those portions outside controlled airspace.
8.6 Route Instructions
- 8.6.1 The route to be followed will be described:
  - (a) by using a standard route clearance; or
  - (b) by using a standard route clearance and the arrival procedure at aerodrome of destination; or
  - (c) by using the arrival procedure for the aerodrome of destination provided that the arrival procedure commences at or adjacent to the aerodrome of departure; or
  - (d) by using the phrase "VIA FLIGHT PLANNED ROUTE" provided that the route to be followed is identical to that in the flight plan; or
  - (e) by using the word "VIA" followed by a detailed description of the route, using reporting points, and/or ATS routes; or
  - (f) by using the word "VIA" followed by a detailed description of the route up to and including the point at which the flight is to rejoin the route in the flight plan, followed by the phrase "THEN FLIGHT PLANNED ROUTE". Note: In this option the flight planned route can be a standard route clearance.
- 8.6.2 When a detailed description of the route is required, a full route clearance will be issued using one, or a combination of, the following methods:
  - (a) by using the word "VIA" followed by all the reporting points needed to identify the route; or
  - (b) by using the word "VIA" followed by one or more route designators.
- 8.6.3 The phrase "VIA FLIGHT PLAN ROUTE" or any similar term will not be used by ATS when:
  - (a) issuing a reclearance; or
  - (b) where there is any change to the route in the original filed flight plan; or
  - (c) where the pilot has requested, in any form, a change to the route; or
  - (d) where the pilot or ATS have doubts as to which route the aircraft is to take.
- 8.6.4 In these cases a full route clearance should be requested and/or issued. When more than one route is available between departure and destination, departure and/or route instructions will include sufficient information to ensure the pilot is aware of the route held by ATC in the flight plan.
- 8.6.5 Details on Direct Routing are contained in ENR 1.6 section 5.11.
8.7 Level Instructions
- 8.7.1 Levels issued to IFR flights in an ATC clearance will enable the flight to be conducted at or above the MFA for each applicable route sector, except that:
  - (a) compliance with MEA or MRA is not required if the aircraft has approved enroute area navigation equipment (i.e. GNSS); and
  - (b) radar display contour levels may be used for aircraft under radar control; and
  - (c) an approved area MSA may be used where the aircraft is expected to be established enroute under radar control and no lateral separation restrictions apply.
- 8.7.2 For aircraft on un-evaluated routes 8.7.1 (b) and (c) apply.
- 8.7.3 Level instructions may include when necessary:
  - (a) block levels, and if necessary, the point to which the clearance is valid with regard to the level(s); and
  - (b) levels at which specific reporting points or waypoints are to be crossed; and
  - (c) the place or time for starting climb or descent; and
  - (d) the (minimum or maximum) rate of climb or descent; and
  - (e) detailed instructions concerning departure or approach levels.
- 8.7.4 When approving pilot requests for levels that are not in accordance with the IFR table of cruising levels, ATC units will prefix the level instructions with "non-standard".
- 8.7.5 A block level is defined as a section of airspace with specified lower and upper limits on a specific track or within a defined portion of airspace.
- 8.7.6 An aircraft cleared to operate within a block level has complete freedom to change levels within the block level, at pilot discretion, providing the lower and upper limits are not exceeded.
- 8.7.7 Except when extreme weather or impaired aircraft operation conditions exist, block levels may be approved provided that other aircraft are not denied the use of part of that airspace contained in the block.
8.8 IFR Departure Instructions

8.8.1 Departure instructions will be included as part of the ATC clearance, and may consist of one or more of the following:
- (a) depart via a published IFR departure procedure;
- (b) depart climbing above the Enroute descent (Distance) or VORSEC chart steps;
- (c) by day only, depart visually maintaining own terrain clearance to route minimum safe altitude of the initial portion of the flight, or a specified altitude or position (Visual Departure);
- (d) climb on a specified track, radar heading or radar SID within an evaluated climb sector.
8.8.2 A SID or IFR departure procedure, apart from providing adequate terrain and obstruction clearance during the initial climb to route MSA, also provides a means of vacating the aerodrome to a point clear of traffic where an aircraft can then intercept the cleared route. When the aircraft has completed a departure procedure which does not terminate on the aircraft's cleared route, the aircraft must regain track by making a standard 30° intercept. The aircraft should turn in the direction that covers the least track miles.
8.8.3 Pilots not wishing to observe the departure instructions specified in the clearance must advise ATC and nominate the procedure required.
8.8.4 Aircraft departing visually maintaining own terrain clearance must intercept their cleared route or track as soon as practicable after take-off.
8.8.5 By day, when departing climbing on track above distance or VORSEC chart steps, the pilot must maintain terrain clearance visually to the lowest step altitude. By night or in IMC a published IFR departure procedure must be followed until the lowest step altitude has been attained. The climb performance of the aircraft must provide adequate clearance above subsequent steps without deviation from track.
8.8.6 Each step must be crossed not below the minimum altitude published against the subsequent step. Minimum safe altitude must be achieved prior to the last step.
8.8.7 DME failure prior to reaching minimum safe altitude will normally involve a return towards the departure aid until minimum safe altitude is reached. ATC must be advised immediately.
8.8.8 GNSS is not to be used for this procedure unless the pilot has a readout of the distance from the reference point or facility on which the descent step is based.
8.8.9 Where no departure procedures are promulgated for a route, the pilot must ensure that the aircraft climb performance is adequate for providing terrain clearance prior to reaching minimum safe altitude.

8.9 IFR Departures from Aerodromes/Heliports in Uncontrolled Airspace

8.9.1 The pilot of an IFR aircraft departing from an aerodrome/heliport in uncontrolled airspace must obtain a clearance from ATC in sufficient time to ensure that any conditions of entry into controlled airspace can be met. When making a request for clearance prior to departure, the pilot must advise the ETD.
8.9.2 Where the aerodrome/heliport is located adjacent to controlled airspace, departing aircraft must be integrated with traffic operating to and from aerodromes/heliports within the controlled airspace. To achieve this integration, ATC may:
- (a) require the departing aircraft to remain outside controlled airspace, with ATC to advise when a route clearance will be available; or
- (b) issue the aircraft with a route clearance that will only become valid when specified by ATC. To assist ATC in specifying validity, pilots may be asked to report when ready.
8.9.3 The pilot of an aircraft must not enter controlled airspace unless a valid clearance has been issued by ATC, and any time, altitude, or tracking requirements of the clearance have been met.