IFR takeoffs from VFR airports (no DP)

[cobalt]

I fly for a 135 company, and recently there is some confusion about a situation. We fly into several class G, VFR airports; no approach procedures, no DPs. The confusion is over when it is legal to enter instrument conditions on departure.

It is my understanding that as a pilot, we may accept an IFR clearance, and enter IMC conditions as soon as we are in controlled airspace (700agl at this given airport), as long as we "can maintain our own obstacle and terrain clearance" up to a certain altitude, usually ATC's MVA or a MEA on a published route. I have found web sites with ATC controller's rules that clearly reiterate this, that they may issue this kind of clearance. Looking at the 135 FAR's I don't see anything that says we can't do this.

However, after this situation has come up, our ACP put out a memo saying that we have to be able to maintain VFR on departure until we are at MVA or MEA. This creates a big difference, as the MEA, MVA at the airport in question is at least 8000msl. I don't think this is correct.

So if anyone has any knowledge on this, and preferably can provide or reference some regs on the matter, I would appreciate it.

 

[mike1mc]

The answer is in two pages of your Operations Specifications:

C064 Terminal IFR in Class G

C077 Terminal VFR Limitations/Provisions

More or less our company is authorized to depart VFR if not able to get an IFR clearance, able to use obstacle data, and can reach a specified point in VMC.