FAR 91.171 interpretation

"James L. Freeman" wrote:

What is the point of the phrase "at the airport
of intended departure" in FAR 91.171(b)(1)?

Well, how about this? The identity of the airport cannot be the issue,
because departure is not previously referenced in the regulation (ie. it
doesn't start with "no person may depart...") and because, absent this more
specific definition, any airport at which you land must be an airport of
intended departure, or you'd never leave there! In other words, it doesn't
matter which airport it is relative to the flight. Therefore, the key must
be the fact that you are at the airport where the VOT or check point is
located, and that you are still on the ground. If you remove the phrase from
(b)(1) it looks to me like it would then allow you to circle around an
airport with a VOT, and test your receiver from the air. With the phrase
included, this is not permitted. The argument is a little weaker for (b)(2),
but again, without the phrase, you could (just about!) over-fly the
designated check-point rather than be on the ground.

--
Mike Granby, PP-ASEL,IA
Warrior N44578
http://www.mikeg.net/plane

Perhaps it is to prevent you from using a weak VOT signal from a nearby
airport. Can't think of any particular airports, but say your small airport or
private strip is located within reception range of the VOT at a nearby big
airport, this wording would not allow you to use the signal from that VOT (which
is not on the airport of intended departure).

Mike Granby wrote:

"James L. Freeman" wrote:

What is the point of the phrase "at the airport
of intended departure" in FAR 91.171(b)(1)?

Well, how about this? The identity of the airport cannot be the issue,
because departure is not previously referenced in the regulation (ie. it
doesn't start with "no person may depart...") and because, absent this more
specific definition, any airport at which you land must be an airport of
intended departure, or you'd never leave there! In other words, it doesn't
matter which airport it is relative to the flight. Therefore, the key must
be the fact that you are at the airport where the VOT or check point is
located, and that you are still on the ground. If you remove the phrase from
(b)(1) it looks to me like it would then allow you to circle around an
airport with a VOT, and test your receiver from the air. With the phrase
included, this is not permitted. The argument is a little weaker for (b)(2),
but again, without the phrase, you could (just about!) over-fly the
designated check-point rather than be on the ground.

--
Mike Granby, PP-ASEL,IA
Warrior N44578
http://www.mikeg.net/plane

--
--Ray Andraka, P.E.
President, the Andraka Consulting Group, Inc.
401/884-7930 Fax 401/884-7950
email
http://www.andraka.com

"They that give up essential liberty to obtain a little
temporary safety deserve neither liberty nor safety."
-Benjamin Franklin, 1759

"Ray Andraka" wrote:

Perhaps it is to prevent you from using a
weak VOT signal from a nearby airport.

Good point. The key is that you have to be at the airport where the VOT or
checkpoint is located.

--
Mike Granby, PP-ASEL,IA
Warrior N44578
http://www.mikeg.net/plane