Instrument departure, non-IFR airport

On Mar 2, 4:37 am, "Hilton" wrote:

Not true. The NTSB law judge said: "In that decision the law judge found
that respondent's takeoff from an uncontrolled airport into clouds without a
clearance or release from air traffic control (ATC) was not a violation of
14 C.F.R. 91.155(a), but was in violation of 14 C.F.R. 91.13(a). She
ordered a 90-day suspension of respondent's commercial pilot certificate in
lieu of the 180-day suspension sought in the Administrator's order. For the
reasons discussed below, we deny respondent's appeal and affirm the initial
decision."

http://www.ntsb.gov/alj/O_n_O/docs/aviation/3935.PDF

BTW: If anyone has an 'overuling' of this, please let me/us know.


That case was handled poorly.

The pilot claimed, "his operation was not careless because he took
several precautions: e.g., he broadcast his departure intentions on
the Unicom frequency; he monitored the ATC frequency for other
traffic; and he departed immediately after another aircraft which had
received an ATC release and clearance, thus claiming to have assured
himself that there would be no other IFR aircraft in the controlled
airspace above the airport." How does departing immediately after
another IFR aircraft ensure there will be no other IFR aircraft in the
controlled airspace above the airport?

The violation of 91.155 was dropped but probably should not have
been. The pilot says there were clouds at 200 feet, and based on the
other pilot's description of the weather it sounds like a solid layer,
but he was VFR when he reached Class E airspace at 700 AGL. VFR cloud
clearance in Class E airspace is 1000' above.