Steven P. McNicoll wrote:



wrote in message ...

The reason it is a violation of 91.13a is because he was legal due to
luck: the clouds happen to clear before he reached controlled airpsace.
He could very well have entered controlled airspace and still been in the
clouds. Just because he didn't happen to (or says he didn't) can't get
him
off.


But he wasn't legal due to the clouds clearing before he entered controlled
airspace.

You're right. But they let him off on that charge. I was trying to explain why this incident was careless and reckless even though it would have been okay had the class G airspace extended to a higher altitude (several thousand feet at least).

You might feel good getting an ATC clearance, but it provides absolutely
no protection while you're in class G airspace.


I can't agree with that. Getting an ATC clearance and release ensures you
won't encounter another IFR aircraft with an ATC clearance while you're in
that Class G airspace.

Only if that class G airspace is very shallow, as in this case. If you have 10,000 feet of class G airspace to climb through before reaching controlled airspace, it doesn't matter if you get your clearance on the ground or in flight or the day before. Its all the same: no separation within the class G airspace.

Isn't that right? My point was that the NTSB stated that it is safer to take off from an uncontrolled field with a clearance and I think that it is not universally true. Only when class G airspace is shallow.