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Old 24th Dec 2006, 09:49
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bookworm
 
Join Date: Aug 2000
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Originally Posted by Whopity
If there is no Instrument approach that only leaves the VFR.
Not so. As a trivial counterexample, at night, all approaches outside controlled airspace are conducted under IFR, but an Instrument Approach Procedure is not required, otherwise night flying from airports without IAPs would be impossible.

More specifically Rule 29, one of the Instrument Flight Rules, says:

Minimum height
29 Without prejudice to the provisions of rule 5, in order to comply with the Instrument Flight Rules an aircraft shall not fly at a height of less than 1000 feet above the highest obstacle within a distance of 5 nautical miles of the aircraft unless:
(a) it is necessary for the aircraft to do so in order to take off or land;


That exception (a) is all that is required. There is no mention of an instrument approach procedure, notified or otherwise.
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