Bit harsh, Cap'n? Sometimes the weather hasn't read the forecast.

Example: on a dual flight out of EN a few years, the cloud base was forecast at 3500. We decided on an upper level departure and were cleared for 3000 direct to Koo Wee Rup. Passing 2500 we were headed for a very large cloud, the base of which looked like it was below 2000. We requested 2000 and were handed back to EN TWR. We scraped underneath.

What to do if the frequency was too congested to get the call in? Certainly flying VFR into that cloud would not have been the right thing to do. The pilot is still responsible for remaining in VMC.

Let's hear some suggestions.

Walrus

43 Inches, that is my argument exactly. If I am IFR visual, why should I need to maintain VMC. If the ceiling is 1000', I cannot be IFR below it for departure. Although, for some reason, it is entirely legal to be for recovery / approach, where this limit does not apply.

In summary - if I'm on transit or approaching an airfield, I can be IFR visual flying at the ceiling, but for departure I can't.

I understand the obvious answer is to do the SID, but in certain circumstances you need to be visual (with the ground) in order for the flight to have any purpose. An example, rejoining a formation under the ceiling before penetrating cloud, or the intent is to transit visually due to the airfield not having any navaids or IAPs, or doing a pipeline survey etc.

Special VFR ops or Restricted VFR ops - Very different things.

In a GAAP zone, visibility will be the trigger for "Special VFR", you have to be clear of cloud anyway. Restricted VFR is generally for the movement of IFR or a traffic management tool.

Some of the ideas on this thread are staggering!

Quite true.
Were you on a special VFR clearance? If not……..well, I'm not going to insult you by quoting AIP here!
If it came to that I’d fly the aircraft first!!
Nope!

Just a thought, it may have something to do with separation standards. For example at RAAF Pearce separation is given IFR to IFR but not IFR to VFR. Therefore this could put two aircraft in very close proximity, one IFR in cloud and one VFR below with essentially no separation. When SVFR is used at Pearce IFR separation standards apply for that reason.

I know this probably does not apply at major civil airfields though.

I think that if we applied OCTA criteria in CTA (clear of cloud), there would be an increase in the number of clearance violations due to pilots being forced to deviate from their clearance due to cloud / vis. This is exacerbated by lack of comm space and therefore reduced time to negotiate a clearance ammendment.

As for the requirement to be VMC up to MSA/LSALT on an IFR visual departure, never been able to figure that one out. Clear of cloud I can understand (for a number of reasons) but not sure why VMC is required.b

Airservices' Aeronautical Information Services publish AIP documents and maps, that's all. They don't make the rules and regulations.

CASA do.

Remember a condition of this is that you have a VHF and broadcast that this is how you are operating. IFR (or another CoC flight) will need to know you are there due to the reduced ability to see you before a big noise is made.

In response to the query about VCA's to remain VMC, I was given a visual vector on take-off in Class C recently and found a wall of water coming towards me. Radio was busy and elected to turn to remain VMC (SE piston charter). Controller got upset on reporting the action but contact with the tower later confirmed I had taken the correct action. We do trust ATC to keep us out of the crud but sometimes circumstances change very quickly.

PS. You do need to make every attempt to notify before the action is taken to keep everyone in the loop though.