Requirement to fly departure procedures

I was always under the assumption that if my atc clearance received on
the ground was direct to a fix, I was free to forgo the departure
procedure and do an immediate turn after takeoff. I note that FAR
91.129, Operations in class D airspace states that:

"(g) Departures. No person may operate an aircraft departing from an
airport except in compliance with the following:
(1) Each pilot must comply with any departure procedures established
for that airport by the FAA."

So how, on a good weather delay, can one avoid flying the departure
procedure? Note the word "established" vice "assigned"

Stan

wrote:
So how, on a good weather delay, can one avoid flying the departure
procedure?

Depart VFR and pick up your clearance in the air?

wrote:

I was always under the assumption that if my atc clearance received on
the ground was direct to a fix, I was free to forgo the departure
procedure and do an immediate turn after takeoff. I note that FAR
91.129, Operations in class D airspace states that:

"(g) Departures. No person may operate an aircraft departing from an
airport except in compliance with the following:
(1) Each pilot must comply with any departure procedures established
for that airport by the FAA."

So how, on a good weather delay, can one avoid flying the departure
procedure? Note the word "established" vice "assigned"

Stan

That applies to any local departure procedure for traffic or noise
abatement. It does not apply to IFR departure procedures.

OK, I see what you mean, and I'll take your word for it. But the FAR
does state "departure procedure", and the ifr departure procedure
would thus seem to be included as a "departure procedure". The FAR
should be re worded!

On Tue, 07 Oct 2003 20:39:38 GMT, wrote:



wrote:

I was always under the assumption that if my atc clearance received on
the ground was direct to a fix, I was free to forgo the departure
procedure and do an immediate turn after takeoff. I note that FAR
91.129, Operations in class D airspace states that:

"(g) Departures. No person may operate an aircraft departing from an
airport except in compliance with the following:
(1) Each pilot must comply with any departure procedures established
for that airport by the FAA."

So how, on a good weather delay, can one avoid flying the departure
procedure? Note the word "established" vice "assigned"

Stan

That applies to any local departure procedure for traffic or noise
abatement. It does not apply to IFR departure procedures.

wrote:

OK, I see what you mean, and I'll take your word for it. But the FAR
does state "departure procedure", and the ifr departure procedure
would thus seem to be included as a "departure procedure". The FAR
should be re worded!

Well, that is not in the IFR section of Part 91, and it applies only to
departures at airports with operating control towers. It's basically a noise
rule.

As to the regulation not making that clear, some of those regs are written
without regard to another meaning for a term. Plus, there is a legal
interpretation that muddies it even further.

Well, its in Subpart B Flight Rules. I presumed that must mean ifr
too. Also, 91.117 Aircraft speed is in same subpart. If it didn't
apply to ifr, then 250 kts below 10, 000 feet wouldnt either, no?
Stan

On Wed, 08 Oct 2003 00:13:33 GMT, wrote:



Well, that is not in the IFR section of Part 91.....

wrote:

Well, its in Subpart B Flight Rules. I presumed that must mean ifr
too. Also, 91.117 Aircraft speed is in same subpart. If it didn't
apply to ifr, then 250 kts below 10, 000 feet wouldnt either, no?
Stan

On Wed, 08 Oct 2003 00:13:33 GMT, wrote:


Well, that is not in the IFR section of Part 91.....

"Departure Procedure" has a specific meaning for IFR operations. Speed
limit requirements do not.

I sent the previous post without including the following: If your
reading is correct then a student pilot would have to fly the IFR
departure procedure departing a Class D airport since it doesn't say
anything about pertaining just to IFR operations. ;-)

Yes, now I see how to interpret the FAR. 129, besides stating
pilot must comply with any departure procedure, also in the next
sentence states applicable distance from clouds criteria need to be
followed. Clearly they are refering to vfr then.

Which brings up an interesting question. I use jepps, and perusing
through many airports (Mass for eg, Bedford, Boston, Hyannis,
Nantucket, lawrence, beverly, etc) I don't see *ANY* FAA departure
procedures (other than ifr).

Should I be perusing some other sources?
Where does one find departure procedures listed?

thanks, Stan


On Wed, 08 Oct 2003 00:13:33 GMT, wrote:



wrote:

OK, I see what you mean, and I'll take your word for it. But the FAR
does state "departure procedure", and the ifr departure procedure
would thus seem to be included as a "departure procedure". The FAR
should be re worded!

Well, that is not in the IFR section of Part 91, and it applies only to
departures at airports with operating control towers. It's basically a noise
rule.

As to the regulation not making that clear, some of those regs are written
without regard to another meaning for a term. Plus, there is a legal
interpretation that muddies it even further.

wrote
Should I be perusing some other sources?
Where does one find departure procedures listed?

Usually on the bulletin board in the FBO.

Bob Moore