VFR Definition

[Shawn Coyle]

I'm working on an article about VFR and why you need visual references to be truly VFR.
What's interesting is that the FAA definition of VFR only talks about visibility and distance from clouds.
There used to be a thing called 'Contact Flight' in the (very) old days which stated that you needed visual references to control the aircraft.
I'm wondering why this definition has gone away, and whether anyone has a definition of VFR that includes words like 'reference to the ground or water', 'orient the aircraft attitude and height by external references', etc. that might be lurking somewhere deep in the FAA's definition.
Other definitions of VFR (or VMC if you insist) from other authorities would be appreciated.

[uncle ian]

Clear of cloud, in sight of the ground (or surface) rings a bell with me.

[Ascend Charlie]

Gidday Shawn,

In Oz, the AIP defines VFR as being:
:In VMC
:navigate by visual reference to ground or water when below 2000'AGL
:at sub-sonic speeds (rules out the R22)

but no mention here of a horizon. There used to be something about horizons under night flying rules, but a quick search didn't turn up anything about night flight - has it been taken out?

[212man]

This is how the UK ANO defines it :

Flight within controlled airspace

25 (1) Within Class B airspace:

(a) an aircraft flying within Class B airspace at or above flight level 100 shall remain clear of cloud and in a flight visibility of at least 8 km;

(b) an aircraft flying within Class B airspace below flight level 100 shall remain clear of cloud and in a flight visibility of at least 5 km.

(2) Within Class C, Class D or Class E airspace:

(a) an aircraft flying within Class C, Class D or Class E airspace at or above flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 8 km;

(b) subject to sub-paragraph (c), an aircraft flying within Class C, Class D or Class E airspace below flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 5 km;

(c) sub-paragraph (b) shall be deemed to be complied with if:

(i) the aircraft is not a helicopter and is flying at or below 3000 feet above mean sea level at a speed which, according to its airspeed indicator, is 140 knots or less and it remains clear of cloud, in sight of the surface and in a flight visibility of at least 5 km; or

(ii) the aircraft is a helicopter flying at or below 3000 feet above mean sea level and it remains clear of cloud and in sight of the surface.

Flight outside controlled airspace

26 (1) An aircraft flying outside controlled airspace at or above flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 8 km.

(2) (a) Subject to sub-paragraph (b), an aircraft flying outside controlled airspace below flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 5 km.

(b) Sub-paragraph (a) shall be deemed to be complied with if:

(i) the aircraft is flying at or below 3000 feet above mean sea level and remains clear of cloud and in sight of the surface and in a flight visibility of at least 5 km;

(ii) the aircraft, other than a helicopter, is flying at or below 3000 feet above mean sea level at a speed which according to its air speed indicator is 140 knots or less and remains clear of cloud and in sight of the surface and in flight visibility of at least 1500 metres; or

(iii) in the case of a helicopter the helicopter is flying at or below 3000 feet above mean sea level flying at a speed, which having regard to the visibility is reasonable, and remains clear of cloud and in sight of the surface.

[SASless]

Shawn,

Part 91 and Part 135 are different as to defining "VFR"....135 of course being more restrictive.

There have been previous threads along this line of discussion before.....I started one as a rant over that very difference and also pointing out that one could be VFR in "IMC" conditions legally under the FAR's.....the example given....50 NM offshore on an overcast night with no visible horizion. Despite VMC weather and VFR flight rules....it would be most definitely an Instrument Flight due to the lack of horizion or surface lights by which to control the aircraft.

The situation I was experiencing in an un-Sas'ed 212 and the company attitude about that.....led to my room name....SASLESS.

Assuming you are still out there in the desert flying EMS in your 412.....I think maybe I know why your interest in this issue. It gets mighty dark out there on similar nights....and you are being told it is a VFR flight....VFR fuel reserves....etc....

The FAA and its wonderful rules....will set you up for a very dangerous situation....LEGALLY if you accept their part 91 definitions and rules. That is the point I would suggest you make in that article....they should amend part 91 to agree with Part 135.

[steve_oc]

Hi Shawn

The JAR definition (Appendix 1 to JAR OPS 3.465) is essentially the same as the UK ANO one. For info the JAA MMELs now add the statement that

"when the FAA MMEL or JAA Supplement restrict flight to "VFR" and the operator intends to use this restriction at night, then operations must be conducted with adequate external attitude reference and in sight of the surface at all times".

Cheers
Steve

[[email protected]]

Shawn,

I don't recall anything specifically stated in the FARs about having a visual reference to remain VFR. The closest thing I could find is 91.155 that states that in Class G "a helicopter may be operated clear of clouds if operated at a speed that allows the pilot adequate opportunity to see any air traffic or obstruction in time to avoid a collision." No statement about ground reference, but one might interpret the ground as an "obstruction."

In all of the helicopters that I have flown (Bells, Robinsons, and Enstroms), all of which are VFR only, the Flight Manual states something to the effect that for night VFR flights visual reference must be maintained with the ground by means of adequate ground or celestial lighting, but it does not place that limitation on day VFR flights.

Interesting topic, I look forward to finding out what you discover.

Cheers,
Steven

[idle stop]

Hi Shawn (and Steve)

For UK certification of the 4-axis SPZ7600 in the B412 for SAR, the following formula was agreed with the CAA:

'....visual conditions are such that the pilot can position the
aircraft by reference to external cues. Considerations are:
(a) Discernible external references, sufficient to determine pitch and roll attitude.
(b) Sufficient visual references to determine height and longitudinal or lateral velocities.

Hope this helps; look forward to the article.

[Thomas coupling]

Shawn: we fly utilising "Visual Contact Flight" under our UK PAOM:
[CAP 612].
Visual Contact Flight (VCF):

A flt in which the crew is in continuous visual contact with the surface. The crew shal be able to (by day) assess a/c attitude and separation from the surface by external references.
By night, to assess a/c attitude by ref to a clearly distinguishable external horizon provided by natural lighting or artificial lights spread deeply and widely across track.

To be regarded as being clear of cloud for the purpose of maintaining VCF below 3000' AMSL, a helo shall remain atleast 50' below the c/b by day and 100' by night.

It then goes on to describe performance criteria blah, blah.

TC

[ThomasTheTankEngine]

Hi Shawn

This is direct from the Belgium AIP I hope it helps.

ENR 1.2 Visual Flight Rules
1 MINIMA FOR VISIBILITY AND DISTANCE FROM CLOUDS
Except when operating as a special VFR FLT, VFR FLTs shall be conducted so that the ACFT is flown in conditions of visibility and distance from clouds equal to or greater than those specified in the following table.
Airspace class A* B C D E F G
Above 900 m (3 000 ft ) AMSL or above 300 m (1 000 ft ) above terrain, whichever is the higher At and below 900 m (3 000 ft ) AMSL or 300 m (1 000 ft ) above terrain, whichever is higher
Distance from clouds 1 500 m horizontally

300 m (1 000 ft ) vertically
Clear of clouds and in sight of the surface
Flight visibility 8 km at and above FL 100

5 km below FL 100
5 km**

(*) The VMC minima in Class A airspace are included for guidance to pilots and do not imply acceptance of VFR FLTs in Class A airspace.
(**) In Belgium
Flight visibilities of at least 1500 m are permitted between 30 MIN before SR and 30 MIN after SS for FLTs operating either:
at 250 kt IAS or less so that, in the prevailing visibility, adequate opportunity exists to observe other traffic or any OBSTs in time to avoid collision.
in circumstances in which the probability of encounters with other traffic would normally be low, e.g. in areas of low volume traffic and for aerial work at low levels.
Flight visibilities of at least 1500 m are permitted to ACFT operating in the AD traffic circuit (local FLT).

Helicopters may be permitted to operate with a flight visibility of at least 800 m, provided that they remain below 300 m (1000 ft) AGL
between 30 MIN before SR and 30 MIN after SS
if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any OBSTs in time to avoid collision.

(**) In the Grand Duchy of Luxembourg
Flight visibilities of at least 1 500 m are permitted between 30 MIN before SR and 30 MIN after SS for FLTs operating either:
at 140 kt IAS or less that, in the prevailing visibility, will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision
in circumstances in which the probability of encounters with other traffic would normally be low, e.g. in areas of low volume traffic and for aerial work at low levels.

Helicopters may be permitted to operate with a flight visibility of at least 800 m, if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision.

Lighter-than-air ACFT are permitted to operate with a flight visibility of at least 800 m provided that they remain below 300 m (1 000 ft ) AGL.
2 VFR FLIGHTS IN CTR
Except when a CLR is obtained from an ATC unit, VFR FLTs shall neither take off nor land at an AD within a CTR, nor enter a traffic pattern when either:
the ceiling is less than 450 m (1500 ft )
the ground visibility is less than 5 km.
3 VFR FLIGHT RESTRICTIONS
VFR FLTs shall not be operated:
at night
In Belgium: between 30 MIN after SSand 30 MINbefore SR, unless authorized by the Director General of the CAA or under the conditions described in 8.1.a below.
Note 1: The hours of apparent SR and SS at Uccle (see GEN 2.7 ) are taken into account for the calculation of these periods.

Note 2: State ACFT (MIL ACFT and ACFT used by State services such as police and customs) may fly VFR at night.

In the Grand Duchy of Luxembourg: between 30 MIN after SS and 30 MIN before SR, unless otherwise authorized by the Minister of Transport (see FLTs at night in the G.D. of Luxembourg).
above FL 190
at transonic and supersonic speeds.

8.1 VFR flights at night
In Belgium
Balloons, gliders, DPM and ULM exempted, VFR FLTs at night are authorized from and to agreed airfields approved for night OPS:
Within controlled airspace:
in respect of the CLRs provided by the involved ATC unit
with transponder equipped ACFT
Outside controlled airspace:
between 1 000 ft and 4500 ft AMSL on the regional QNH at a level in accordance with the semi-circular VFR cruising table above 3 000 ft AGL
in bilateral radio contact with the unit providing FIS
only with transponder equipped ACFT
Note 1: VFR FLTs at night within the AD traffic circuit are not authorized at EBBR.
Note 2: At non-controlled ADs, VFR FLTs may be operated locally at night within the AD traffic circuit when continuously in sight of the control tower or its substitute and when authorized by the Director General of the CAA or by the official delegated authority.
Note 3: In all cases, the submission of a flight plan is required.
Note 4: VFR FLTs at night shall be conducted so that the ACFT (helicopters exempted) is flown in MET conditions equal to or greater than:
flight visibility of 5 km
ceiling of 450 m (1 500 ft).

Note 5: Helicopters may be permitted to operate with a FLT visibility of at least 800 m, if manoeuvred at a speed that will give adequate opportunity to observe other traffic or OBST in time to avoid collision.

Note 6: Except for LDG and TKOF, the MNM LVLfor VFR at night between 2200 and 0459 is FL 50. This rule is not applicable for helicopters (see ENR 1.1, Noise abatement provision in Belgium).
Note 7: SAR, police and customs FLTs on real live missions may deviate from prescribed conditions but are requested to submit a flight plan as soon as possible and to adhere to the instructions issued by the appropriate ATS.
In the Grand Duchy of Luxembourg
VFR FLTs at night may be operated in the airspace over the Luxembourg territory:
in the CTR
in the TMA up to FL 95 MAX

8.3 Special VFR flights
When the ground visibility is not less than 1500 m (800 m for helicopters, if manoeuvred at a speed that will give adequate opportunity to observe any obstructions in time to avoid collision) and when traffic conditions permit, special VFR FLTs may be authorized within a CTR subject to the provisions specified hereafter and those relating to special VFR FLTs at certain ADs (see Part 3 Aerodromes).
Between 30 MIN before SR and 30 MIN after SS.
Requests for such authorization shall be handled individually.
Special VFR FLTs shall be operated clear of clouds and in sight of the ground or water.
Separation shall be effected:
between all special VFR FLTs and
between such FLTs and all IFR FLTs.

in Class G airspace up to 2 000 ft AMSL MAX.

[hihover]

Shawn,

As you quite rightly eluded to in your original post, it is VMC that is defineable. VFR are simply a set of rules that we may be able to choose to follow when flying in the defined VMC, but we have to apply the rules.

As Sasless pointed out, we could find ourselves flying in conditions defined as VMC but that does not necessarily mean that we can fly under VFR.

For Air Carrier Operations under FAR Part 135, - 135.207 says this:

VFR: Helicopter surface reference requirements.

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.


I'm certain you are aware of all the above but I hope the reference helps.

[Shawn Coyle]

All great stuff. Keep it coming. It will certainly add weight to the argument that VFR ( or VMC) is much more than just visibility and clearance from clouds.
Thanks.

[NickLappos]

Shawn,

The ADS-33 UCE concepts are the most specific descriptions of the concept that you are so aptly surfacing.

[pwendell]

FAA part 61 states that both Recreational and Sport pilots must fly with visual reference to the ground. Of course Sport Pilots can't fly helicopters and there are no Recreational Pilots...