wrote in message
...
The word on the street seems to be that with a departure clearance
from an uncontrolled airfield of "cleared on course" any ODP would not
need to be flown in VMC. . However, I'm not sure how the FAR quote
below, which also applies to Class C and B airspace, supports that.
Clearly, an ODP is established by the FAA. Anyone?

91.129 Operations in Class D airspace

(g) Departures. No person may operate an aircraft departing from an
airport except in compliance with the following:

(1) Each pilot must comply with any departure procedures established
for that airport by the FAA.

http://ecfr.gpoaccess.gov/cgi/t/tex...0.1.3.10.2.4.15

Perhaps this thread has been visited recently, and if so, I apologize.

Stan


According to the following legal interpretation, one is not required to fly
an instrument departure procedure.

Also, look at 91.129 (b) which allows the controller to authorize a
deviation from the requirements of 91.129.
It would seem to me that a clearance or instruction to proceed on course is
an authorization to deviate from a departure procedure.

In IMC, however, you may not want to deviate from the procedure.

Kris

FAA LEGAL INTERPRETATIONS - 1993
November 30, 1993
Dear Mr. McBride and Mr. Birdsong:

This is in response to your letter of June 30, 1993, in which you request an
interpretation of Section 91.129(f) of the Federal Aviation Regulations
(FAR) (14 CFR Section 91.129 (f)).

Section 91.129(f) states, in part, that no person may operate an aircraft
taking off from an airport with an operating control tower unless he
complies with any departure procedures established for that airport by the
Federal Aviation Administration (FAA). Instrument Flight Rules (IFR)
departure procedures are established to provide a safe and efficient route
from an airport to the minimum enroute altitude.

The FAA establishes IFR departure procedures in accordance with criteria set
forth in the United States Standard for Terminal Instrument Procedures
(TERPs). IFR departure procedures established under the TERPs are designed
to ensure terrain and obstacle clearance provided a pilot adheres to them.

In your letter, you ask whether a pilot must adhere to an IFR departure
procedure when cleared for takeoff at an airport with a published IFR
departure procedure. You specifically ask whether a pilot is required to
adhere to such a procedure under various operating conditions.

Under Section 91.113(b), when weather conditions permit, a pilot must
operate his aircraft so as to see and avoid other aircraft regardless of
whether the flight is conducted under Visual Flight Rules (VFR) or under
IFR. However, under Part 91, a pilot generally is not required to adhere to
a published IFR departure procedure. Under Instrument Meteorological
Conditions (IMC), a pilot should, but is not required to, follow an IFR
departure procedure. When outside of radar coverage, however, a pilot
remains responsible for terrain and obstacle clearance.

Furthermore, Section 91.123 provides that a pilot may not deviate from an
Air Traffic Control (ATC) clearance except in an emergency or unless an
amended clearance has been obtained. Accordingly, a pilot operating under
Part 91 must follow an IFR departure procedure when it is part of the
applicable ATC clearance.

Under Part 121 or Part 135, a pilot is required to follow any published IFR
departure procedure regardless of whether the flight is conducted under VMC
or under IMC.

If you have any further questions regarding this matter, please contact
Patricia R. Lane, Manager, Airspace and Air Traffic Law Branch.

Sincerely,

Donald P. Byrne
Assistant Chief Counsel
Regulations Division