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12.2 Whether two.way communications failure constitutes an emergency depends on the circum-stances, and in any event is a determination made by the pilot. 14 CFR Section 91.3 authorizes a pilot to deviate from any rule to the extent required to meet an emergency.
12.3 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 as indicated below.
12.4 Unless otherwise authorized by ATC, each pilot who has two.way radio communications failure when operating under IFR shall comply with the following conditions:
12.4.1 If the failure occurs in VFR conditions, or if VFR conditions are encountered after the failure, each pilot shall continue the flight under VFR and land as soon as practicable.
NOTE.
This procedure also applies when two-way radio failure occurs while operating in Class A airspace. The primary objective of this provision in 14 CFR Section 91.185 is to preclude extended IFR operation by these aircraft within the ATC system. Pilots should recognize that operation under these conditions may unnecessarily as well as adversely affect other users of the airspace, since ATC may be required to reroute or delay other users in order to protect the failure aircraft. However, it is not intended that the requirement to “land as soon as practicable” be construed to mean “as soon as possible.” Pilots retain the prerogative of exercising their best judgment and are not required to land at an unauthorized airport, at an airport unsuitable for the type of aircraft flown, or to land only minutes short of their intended destination.
12.4.2 If the failure occurs in IFR conditions, or if VFR conditions cannot be complied with, each pilot shall continue the flight according to the following requirements.
12.5 Route requirements:
12.5.1 By the route assigned in the last ATC clearance received.
12.5.2 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.
12.5.3 In the absence of an assigned route, by the route that ATC has advised may be expected in a further clearance.
12.5.4 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.
12.6 Altitude requirements. At the HIGHEST of the following altitudes or flight levels FOR THE ROUTE SEGMENT BEING FLOWN:
12.6.1 The altitude or flight level assigned in the last ATC clearance received.

12.6.2 The minimum altitude (converted, if ap-propriate, to minimum flight level as prescribed in 14 CFR Section 91.121(c)) for IFR operations.
12.6.3 The altitude or flight level ATC has advised may be expected in a further clearance.
NOTE.
The intent of the rule is that a pilot who has experienced two.way radio failure should select the appropriate altitude for the particular route segment being flown and make the necessary altitude adjustments for subsequent route segments. If the pilot received an “expect further clearance” containing a higher altitude to expect at a specified time or fix, he/she should maintain the highest of the following altitudes until that time/fix: (1) his/her last assigned altitude, or (2) the minimum altitude/flight level for IFR operations.
Upon reaching the time/fix specified, the pilot should commence his/her climb to the altitude he/she was advised to expect. If the radio failure occurs after the time/fix specified, the altitude to be expected is not applicable and the pilot should maintain an altitude consistent with 1 or 2 above.
If the pilot receives an “expect further clearance” containing a lower altitude, the pilot should maintain the highest of 1 or 2 above until that time/fix specified in paragraph 12.7, Leave Clearance Limit.
EXAMPLE.
1.
A pilot experiencing two.way radio failure at an assigned altitude of 7,000 feet is cleared along a direct route which will require a climb to a minimum IFR altitude of 9,000 feet, should climb to reach 9,000 feet at the time or place where it becomes necessary (see 14 CFR Section 91.177(b)). Later while proceeding along an airway with an MEA of 5,000 feet, the pilot would descend to 7,000 feet (the last assigned altitude), because that altitude is higher than the MEA.

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.
　
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