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Old March 2nd 07, 02:22 PM posted to rec.aviation.ifr
Sam Spade
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Posts: 1,326
Default Instrument departure, non-IFR airport

Hilton wrote:
Sam Spade wrote:

If controlled airspace was not involved you could do what you want.



Not true. The NTSB law judge said: "In that decision the law judge found
that respondent's takeoff from an uncontrolled airport into clouds without a
clearance or release from air traffic control (ATC) was not a violation of
14 C.F.R. 91.155(a), but was in violation of 14 C.F.R. 91.13(a). She
ordered a 90-day suspension of respondent's commercial pilot certificate in
lieu of the 180-day suspension sought in the Administrator's order. For the
reasons discussed below, we deny respondent's appeal and affirm the initial
decision."

http://www.ntsb.gov/alj/O_n_O/docs/aviation/3935.PDF

BTW: If anyone has an 'overuling' of this, please let me/us know.

Hilton


When I said "do as you want" I did not mean without an air traffic
clearance. I meant you could roll your own ODP but have a "when
entering controlled airspace maintain X altitude, etc."