Q: I am a student pilot who has not yet received my FAR 61.95 training and endorsement to operate in Class B airspace, although I am endorsed for solo flight. I fly in some busy airspace that surrounds Class B and am often in contact with ATC. If ATC gives me a clearance into Class B, what should I do?
A: FAR 61.95 generally prohibits a student pilot from operating an aircraft in solo flight in Class B airspace—or to, from, or at an airport located within Class B airspace—unless that student has received both ground and flight training from an authorized instructor and that student’s logbook has been endorsed within the preceding 90 days for solo flight in that Class B airspace or airport.
In your circumstance, it is reasonable to wonder if ATC will give you such a clearance, since ATC may see an opportunity to help your flight by clearing you through Class B airspace; however, ATC does not know the qualifications of the pilot they are communicating with and cannot know if you are a student or you have an endorsement. So, even though you may be given a clearance to operate within the Class B airspace, you are legally precluded from acting in accordance with that clearance. It is your responsibility to either refuse the clearance or, if you have accepted it, to then contact ATC for an amended clearance. Nothing in the regulation prevents you from accepting the clearance; nothing in the regulation specifies when or where you must receive an amended clearance. The prohibition is simply that you may not fly within the airspace. It is always best to be aware of your proximity to the Class B airspace so that you have time to communication with ATC about any clearance and to make sure that you don’t inadvertently enter the airspace.
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