OK, FAR Lawers we need your help!

Doug wrote:
If it is NOTAMED out of service then I don't think you can legally use
it, regardless of what is actually not working.


Yes, of course, but that is also the problem with the FAA. When our DME
required ILS goes OTS because just the DME is out there is no reason to
notam the approach OTS. Anybody with a terminal or approach approved
GPS will shoot the approach without DME anyways. All the fixes and the
missed approach point for the LOC only part of the approach can all be
determined with GPS. Just like on most VOR approaches nowadays, they
list a distance that you can use in lieu of timing. This is a
fundamental flaw with the FAA not fully understanding how people are flying.


I don't think ATC is
supposed to clear you for an approach that is NOTAMED OTS.

Right, although if the navaids are working you can shoot it as a VFR
practice approach.



It does seem that they could NOTAM it that you MUST have IFR approach
terminal and enroute GPS, or even WAAS GPS if the VOR is out. But
thats not what they did.

But they should. Just tell people what is not working and let them
figure out how it affects their situation. They do this when a VOR goes
OTS and all of a sudden a number of airways cease to exist.