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  #60  
Old October 4th 03, 10:04 AM
Fred E. Pate
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Steven P. McNicoll wrote:


No, you can't legally remain below 700 ft AGL when IFR, but he was not in
IMC when he was below 700 AGL. Remember, he took off under IFR but he was
in VFR conditions well before he entered controlled airspace at 700 AGL.
Once he was above the clouds in Class G airspace all he needed for VFR
operations was one mile visibility and stay clear of clouds.



Yup all true. But the main beef the NTSB had is that he couldn't have known it ahead of time. If you can't ensure that you will be in VFR conditions before 700 ft then it is a careless and reckless operation because if you don't break out then you have no way out.