a. It is virtually impossible to provide regulations and procedures applicable to all possible situations associated with two-way radio communications failure. 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. Should the situation so dictate they should not be reluctant to use the emergency action contained in 14 CFR Section 91.3(b).
b. Whether two-way communications failure constitutes an emergency depends on the circumstances, and in any event, it is a determination made by the pilot. 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.
c. 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. A pilot experiencing two-way communications failure should (unless emergency authority is exercised) comply with 14 CFR Section 91.185 quoted below:
1. General. Unless otherwise authorized by ATC, each pilot who has two-way radio communications failure when operating under IFR shall comply with the rules of this section.
3. IFR conditions. If the failure occurs in IFR conditions, or if subparagraph 2 above cannot be complied with, each pilot shall continue the flight according to the following:
(1) By the route assigned in the last ATC clearance received;
(2) If being radar vectored, by the direct route from the point of radio failure to the fix, route, or airway specified in the vector clearance;
(3) In the absence of an assigned route, by the route that ATC has advised may be expected in a further clearance; or
(4) In the absence of an assigned route or a route that ATC has advised may be expected in a further clearance by the route filed in the flight plan.
(b) Altitude. At the HIGHEST of the following altitudes or flight levels FOR THE ROUTE SEGMENT BEING FLOWN:
(1) The altitude or flight level assigned in the last ATC clearance received;
(2) The minimum altitude (converted, if appropriate, to minimum flight level as prescribed in 14 CFR Section 91.121(c)) for IFR operations; or
(3) The altitude or flight level ATC has advised may be expected in a further clearance.
2. A pilot experiencing two-way radio failure while being progressively descended to lower altitudes to begin an approach is assigned 2,700 feet until crossing the VOR and then cleared for the approach. The MOCA along the airway is 2,700 feet and MEA is 4,000 feet. The aircraft is within 22 NM of the VOR. The pilot should remain at 2,700 feet until crossing the VOR because that altitude is the minimum IFR altitude for the route segment being flown.
3. The MEA between a and b: 5,000 feet. The MEA between b and c: 5,000 feet. The MEA between c and d: 11,000 feet. The MEA between d and e: 7,000 feet. A pilot had been cleared via a, b, c, d, to e. While flying between a and b the assigned altitude was 6,000 feet and the pilot was told to expect a clearance to 8,000 feet at b. Prior to receiving the higher altitude assignment, the pilot experienced two-way failure. The pilot would maintain 6,000 to b, then climb to 8,000 feet (the altitude advised to expect). The pilot would maintain 8,000 feet, then climb to 11,000 at c, or prior to c if necessary to comply with an MCA at c. (14 CFR Section 91.177(b).) Upon reaching d, the pilot would descend to 8,000 feet (even though the MEA was 7,000 feet), as 8,000 was the highest of the altitude situations stated in the rule (14 CFR Section 91.185).
(1) When the clearance limit is a fix from which an approach begins, commence descent or descent and approach as close as possible to the expect further clearance time if one has been received, or if one has not been received, as close as possible to the Estimated Time of Arrival (ETA) as calculated from the filed or amended (with ATC) Estimated Time En Route (ETE).
(2) If the clearance limit is not a fix from which an approach begins, leave the clearance limit at the expect further clearance time if one has been received, or if none has been received, upon arrival over the clearance limit, and proceed to a fix from which an approach begins and commence descent or descent and approach as close as possible to the estimated time of arrival as calculated from the filed or amended (with ATC) estimated time en route.
a. If an aircraft with a coded radar beacon transponder experiences a loss of two-way radio capability, the pilot should adjust the transponder to reply on Mode A/3, Code 7600.
b. The pilot should understand that the aircraft may not be in an area of radar coverage.
a. In addition to monitoring the NAVAID voice feature, the pilot should attempt to reestablish communications by attempting contact:
1. On the previously assigned frequency; or
2. With an FSS or *ARINC.
b. If communications are established with an FSS or ARINC, the pilot should advise that radio communications on the previously assigned frequency has been lost giving the aircraft's position, altitude, last assigned frequency and then request further clearance from the controlling facility. The preceding does not preclude the use of 121.5 MHz. There is no priority on which action should be attempted first. If the capability exists, do all at the same time.