Originally Posted by
Mars
Rick,
Are you certain that the VFR minima is the same for fixed wing and rotary?
You are quoting the (helicopter) Part 91.155(b)(1) Class G minima when, by your reference to 'operators', we might assume that the (helicopter) Part 135.205(b)(1) or (2) might apply - i.e. 1/2 mile by day or 1 mile by night.
Mars, I was quoting Part 91 due to the fact that the flight they were conducting during the incident was legally a Part 91 flight. They were not carrying either passenger or cargo at the time. FAA Legal uses FAR 119.1 to determine if a flight is either 91 or 135. In all other airspace the visibility requirements are the same as FW's. The fact that the company was getting paid or the pilots were getting paid for the flight is immaterial in this determination. While many operators do consider the empty legs as 135 flights, it not a requirement.