Peter Duniho wrote:



I assume that you don't really mean this applies for all flights, and that
this is some sort of commercial/IFR departure procedure thing?

Pete

It has been true for years that anyone who accepts (commercial or just Part
91) SID with a climb gradient (now called ATC DP) accepts as part of the
clearance the assurance that the climb gradient will be met.

What Part 91-only has not been legally responsible for is any climb gradient
on an obstacle DP that is not assigned by ATC (formerly IFR departure
procedure).

Having said that, there was a najor NPRM circulated early this year that
updated RNAV stuff, etc, and also proposed to make the use of obstacle DPs
mandatory for IFR departures unless ATC assigns an ATC DP. If adopted as
proposed, this would apply to all IFR operations.