(b)
The pilot still retains the option of initiating the communications using the urgency call “PAN PAN” (spoken three times) to alert all listening parties to a special handling condition which will receive ATC priority for issuance of a clearance or assistance.

(5)
Actions to be taken when controller-pilot communications are established:

(a)
The pilot notifies ATC and requests clearance to deviate from track, advising, when possible, the extent of the deviation expected.

1 ATC takes one of the following actions:

a If there is no conflicting traffic in the horizontal dimension, ATC will issue clearance to deviate from track; or
b If there is conflicting traffic in the horizontal dimension, ATC separates aircraft by establishing vertical separation; or
c If there is conflicting traffic in the horizontal dimension and ATC is unable to establish vertical separation, ATC shall:
(1) Advise the pilot unable to issue clearance for requested deviation.
(2)
 advise pilot of conflicting traffic; and

(3)
 request pilot’s intentions

SAMPLE PHRASEOLOGY:
“Unable (requested deviation), traffic is (call sign, position,
altitude, direction), advise intentions.”

2 The pilot should take the following actions:

a Comply with air traffic control clearance issued; or
b Advise ATC of intentions and execute the procedures detailed in subparagraph (6) below. (ATC will issue essential traffic information to all affected aircraft).
c If necessary, establish voice communications with ATC to expedite dialogue on the situation.
(6)
Actions to be taken if a revised ATC clearance cannot be obtained:

(a)
The pilot shall take the actions listed below under the provision that the pilot may deviate from rules of the air when it is absolutely necessary in the interests of safety to do so.

(b)
If a revised air traffic control clearance cannot be obtained and deviation from track is required to avoid weather, the pilot shall take the following actions:

1 if possible, deviate away from an organized track or route system;
2 establish communication with and alert nearby aircraft by broadcasting, at suitable intervals: flight identification, flight level, aircraft position (including the ATS route designator or the track code) and intentions (including the magnitude of the deviation expected) on the frequency in use, as well as on frequency 121.5 MHz (or, as a backup, the VHF inter-pilot air-to-air frequency 123.45).
3 watch for conflicting traffic both visually and by reference to ACAS (if equipped);
4 turn on all aircraft exterior lights (commensurate with appropriate operating limitations);
5 for deviations of less than 10 NM, aircraft should remain at the level assigned by ATC;
6 for deviations of greater than 10 NM, when the aircraft is approximately 10 NM from track, initiate a level change based on the following criteria:
Route center line track  Deviations > 10 NM  Level change 
EAST 000-179°  LEFT  DESCEND 300 ft 
Magnetic  RIGHT  CLIMB 300 ft 
WEST 180-359°  LEFT  CLIMB 300 ft 
Magnetic  RIGHT  DESCEND 300 ft 

NOTE: If, as a result of actions taken under the provisions of Sub-paragraphs (6)(b)2. and (6)(b)3. above, the pilot determines that there is another aircraft at or near the same flight level with which a conflict may occur, then the pilot is expected to adjust the path of the aircraft, as necessary, to avoid conflict.
7 When returning to track, be at its assigned flight level, when the aircraft is within approximately 10 NM of centerline.
8 If contact was not established prior to deviating, continue to attempt to contact ATC to obtain a clearance. If contact was established, continue to keep ATC advised of intentions and obtain essential traffic information.
　
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