JHR
SASLESS
The legal interpertation from the Fed's.
They think 135.207 does not limit a helicopter from flying over the top with out surface reference. Day or night they don't care. It's my opinion that the US FAR's only define IFR as operating with less than the required basic cloud clearance. Dark night, no horizon is still VFR. We as pilots are supposed to not get into flight conditions we can not deal with.
I certanly do agree to many people are losing thier lives with the operating rules that are in place today. I also wonder how many operators either EMS or utility actualy train or give check rides at night.
The company I work for has OPS's spec's for day and night VFR and IFR operations, the ops's spec's just authorize the operations, they don't tell us the conditions that have to be met to make the flight.
JHR
March 3, 1992
William K. Comee
Dear Mr. Comee:
This is in response to your letter dated September 13, 1991, withdrawing your request for exemption. In your withdrawal request you asked for a confirmation in writing that the Federal Aviation Regulations (FAR) permit a properly equipped multiengined helicopter with an appropriately rated crew to fly VFR over-the-top.
Your request apparently was initiated because of some confusion over FAR Sec. 135.207. That section states:
No person may operate a helicopter under VFR unless that person has visual surface reference or, at night, visual surface light reference, sufficient to safely control the helicopter.
You correctly cite FARs Sec. 135.211, 135.181, 135.161 and 135.243 that allow for aircraft to fly VFR over-the-top. The term "aircraft" as used within the FARs includes helicopters. "VFR over-the-top" with respect to the operation of aircraft, means the operation of an aircraft over-the-top under VFR when it is not being operated on an IFR flight plan. (14 CFR 1.1) "VFR" means visual flight rules. (14 CFR 1.2)
If the agency's intent was to preclude VFR over-the-top operations in FAR Sec. 135.207 it would have stated so. It must be presumed that the drafters of the regulation were aware of the different terms as evidenced by their use in other FARs that pertain to VFR over-the-top operations. Section 135.207 does not mention VFR over-the-top operations. We therefore conclude that FAR Sec. 135.207 does not preclude properly equipped helicopters and instrument rated aircrew from flying VFR over-the-top.
We trust this satisfactorily responds to your request.
Sincerely,
Donald P. Byrne
Assistant Chief Counsel
Regulations and Enforcement Division