Hello everybody!
This is my first post here, and I would like to pose a question regarding the dilemma of authorizing a SID deviation below the MSA or MVA due to adverse meteorological conditions (even if the pilot reports having visual contact with the ground).
According to the Doc 4444, PANS-ATM: "
when vectoring an IFR flight and when giving an IFR flight a direct routing which takes the aircraft off an ATS route, the controller shall issue clearances such that the prescribed obstacle clearance will exist at all times until the aircraft reaches the point where the pilot will resume own navigation". Since a SID is an ATS route and a turn to some heading is a clearance issued by the controller, the SID deviation cannot be provided by the controller before reaching the MVA or MSA.
The problem appears when either
- the aircraft is lined up on the runway and the pilot asks the TWR controller for an immediate turn after being airborne, or
- the aircraft has already taken off, and the pilot asks the approach controller for an immediate turn to some heading for weather avoidance
leading to a SID deviation that takes place before reaching the MVA or the MSA, even if the pilot reports visual contact with the ground.
In those circumstances, the controller faces the following dilemma:
- Deny the SID deviation until the plane has reached the MVA (causing the aircraft to enter the storm cell), or
- Authorize the SID deviation, against the rules (with the implications that decision might have in case of an accident).
I would like to know your opinion as pilots, and some insight on how you deal with such circumstances as ATCos in other countries.
Thank you beforehand.