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.

The regulations are probably the worst place to look for answers to
procedural questions. Try reading AIM 5-2-6 in its entirety. That "immediate
turn" should be no lower than 400' agl. Second, you are forgoing the
obstacle protection afforded by the DP. Not real wise IMHO.

Bob Gardner

wrote in message
...
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

In my Jepp plate binder, in addition to the published DPs, there are
obstacle departure procedures for every airport with an approach, including
those without the traditional DPs.

Here's an example of an obstacle DP for Red Bluff, CA (KRBL) which does not
have a published DP:

"Rwy 15, climb direct RBL VOR. Rwy 33, climbing right turn direct RBL VOR.
All aircraft departing RBL R-091 clockwise to RBL R-200 climb on course.
All others climb in RBL VOR holding pattern (hold south, right turns, 341
degree inbound) to depart RBL at or above: RBL R-021 clockwise to RBL R-060
4500', RBL R-061 clockwise to RBL R-090 2100', RBL R-201 clockwise to RBL
R-270 4000', RBL R-271 clockwise to R-020 2400'.

Some are much briefer, and others more complicated.

My old CFII turned me on to these, and said they are also in the NACO TERPS
books somewhere, but being a Jepp-ster, I've never seen one. The verbiage
sure sounds FAA-ish though. From a regulatory standpoint, I've never seen
the obstacle DPs referenced. I wonder if they count towards that 'any
departure procedures' you saw in 91.129

If launching IFR, even with terrain data in the cockpit on a good weather
day, I'm going to follow the obstacle DP, especially at an unfamiliar
airport.


wrote in message
...
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
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"

You are ignoring 91.129(b)
(b) Deviations. An operator may deviate from any provision of this
section under the provisions of an ATC authorization issued by the ATC
facility having jurisdiction over the airspace concerned. ATC may
authorize a deviation on a continuing basis or for an individual
flight, as appropriate.

Your clearance direct to the fix constitutes ATC authorization to
deviate from 91.129(g)(1) for this individual flight.

Michael

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Bingo, Michael, that explains it. thanks
Stan

On 7 Oct 2003 16:22:41 -0700, (Michael) 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"

You are ignoring 91.129(b)
(b) Deviations. An operator may deviate from any provision of this
section under the provisions of an ATC authorization issued by the ATC
facility having jurisdiction over the airspace concerned. ATC may
authorize a deviation on a continuing basis or for an individual
flight, as appropriate.

Your clearance direct to the fix constitutes ATC authorization to
deviate from 91.129(g)(1) for this individual flight.

Michael

Please do not send email replies to this posting. They are checked
only sporadically, and are filtered heavily by Hotmail. If you need
to email me, the correct address is crw69dog and the domain name is
this old airplane dot com, but remove the numbers and format the
address in the usual way.

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.

Well, I just wanted to ensure I wasn't breaking any FAR, so naturally
I looked in the FARs. The departure procedure can take you miles out
of your way, so yes, I'll forgo the obstacle protection when I can
clearly manoeuvre on a good weather day
Stan

On Tue, 07 Oct 2003 20:46:10 GMT, "Bob Gardner"
wrote:

The regulations are probably the worst place to look for answers to
procedural questions. Try reading AIM 5-2-6 in its entirety. That "immediate
turn" should be no lower than 400' agl. Second, you are forgoing the
obstacle protection afforded by the DP. Not real wise IMHO.

Bob Gardner

wrote in message
.. .
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:

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.