Decent below MDA, Legal?

Ron Natalie wrote:


The answer to your interpretation is simple. If you don't have a clearance or VFR conditions before reaching
the controlled airspace boundary, you remain within uncontrolled airspace. It's analogous to being prepared
to slam on the brakes if the light doesn't turn green.


But you can't legally remain below 700 ft AGL when IFR. Gotta be at least 1000 feet above anything within four miles or 2000 in mountainous terrain (or something like that).

So you're stuck. Can't climb, can't descend. Every direction is illegal. That makes it careless and reckless.

wrote in message ...

But you can't legally remain below 700 ft AGL when IFR. Gotta be at least
1000 feet above anything within four miles or 2000 in mountainous terrain
(or something like that).

So you're stuck. Can't climb, can't descend. Every direction is illegal.
That makes it careless and reckless.


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.

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.