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Old 24th Feb 2020, 15:01
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MikeNYC
 
Join Date: Feb 2008
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Originally Posted by Gordy
Commenting in general here, I do it all the time.

The weather requirements for flying VFR in various classes of airspace are codified in 14 CFR 91.155, which states in part:
"§ 91.155 Basic VFR weather minimums.
(a) Except as provided in paragraph (b) of this section and § 91.157, no person may operate an aircraft under VFR when the flight visibility is less, or at a distance from clouds that is less, than that prescribed for the corresponding altitude and class of airspace in the following table: ..."
Notice the reg says "...flight visibility is ..." and "distance from clouds that is..." In the context of a pilot, "is" has only one meaning: that flight visibility experienced by the pilot at the time of observation. Likewise, in promulgating Amendment 91-262 to Part 91 in 2000, the FAA said:

"Flight visibility is also defined in 14 CFR section 1.1 and must be determined by a pilot from the cockpit while an aircraft is airborne." (65FR16113: Part 91 Amdt; No. 91-262, March 24, 2000)

In order for ATC to not require a SVFR, they need to know that you can maintain VFR (and thereby lessening their load and providing most of your own separation). Therefore, when you call for your transition, you need to advise them that you are, and can maintain VFR throughout your transition.

I do this on certain routes flying power lines in Northern California, and the first time I tried, I had to call the tower and explain this. If you know Barry Lloyd, he has a presentation on this very subject.

Gordy,

The more relevant FAR is:

§ 135.205 VFR: Visibility requirements.
(b) No person may operate a helicopter under VFR in Class G airspace at an altitude of 1,200 feet or less above the surface or within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport unless the visibility is at least -
(1) During the day - 1/2 mile; or
(2) At night - 1 mile.
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