Bingo, Michael, that explains it. thanks
Stan

On 7 Oct 2003 16:22:41 -0700, (Michael) wrote:

wrote
I was always under the assumption that if my atc clearance received on
the ground was direct to a fix, I was free to forgo the departure
procedure and do an immediate turn after takeoff. I note that FAR
91.129, Operations in class D airspace states that:

"(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."

So how, on a good weather delay, can one avoid flying the departure
procedure? Note the word "established" vice "assigned"

You are ignoring 91.129(b)
(b) Deviations. An operator may deviate from any provision of this
section under the provisions of an ATC authorization issued by the ATC
facility having jurisdiction over the airspace concerned. ATC may
authorize a deviation on a continuing basis or for an individual
flight, as appropriate.

Your clearance direct to the fix constitutes ATC authorization to
deviate from 91.129(g)(1) for this individual flight.

Michael

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