In article t,
"Steven P. McNicoll" wrote:

"Ron Garret" wrote in message
...

The pilot's contention is that he was operating legally under IFR
without a clearance because the regs require a clearance for IFR only in
controlled airspace. But the controlled airspace only went up to 700
AGL, and the pilot had no way of knowing for sure that the tops of the
clouds were lower than that. But he took off anyway, technically not
violating a reg by doing so, but gambling that he would be able to
complete the flight without violating a reg. That sure sounds careless
and reckless to me.


You state the controlled airspace only went up to 700 AGL. I assume that's
a typo, it was uncontrolled airspace from the surface to 700' AGL.

Yes, that's what I meant (obviously).

One cannot be above clouds and have VMC upon reaching controlled airspace at
700' AGL, VFR cloud clearance requires a minimum of 1000' above clouds.

Good point.

rg