I'll bet this has been asked before

[DavidP]

"Based on our research, the FAA concludes that a previous leg~
interpretation did not accurately interpret the meaning and intent of 14 CFR § 135.225. See
Legal Interpretation to Glenn Rizner from Donald P. Byrne, Assistant Chief Counsel for ·
Regulations and Enforcement (March 21, 1991 ). The current legal interpretation takes
precedence over any prior interpretations reaching a different conclusion, specifically the
1991 Legal Interpretation to Glenn Rizner."

 

[FlyBigE]

late to the party on this one. I have flown under 121 and 135 and don't recall the ceiling ever being an issue domestically. Internationally it can be regulatory and will state CEILING REQUIRED on the approach plate. It is very interesting the Feds tried to prosecute on the ceiling alone.

The controlling reg for 121 is 121.613 and 121.615. Which basically say Flights will be not be dispatched or released unless appropriate weather reports or forecasts, or any combination thereof, indicate weather conditions will be at or above the authorized minimums at the estimated time of arrival at the airport or airports to which
dispatched or released.

The airlines have several Exemptions and I believe 135 operators can apply for them as well. YMMV

Regulatory Docket No. FAA-2001-9379 Effective June 1, 2023, Exemption 3585 is amended to be named Exemption 20108.

Exemption 20108 can never be used with HIGH MINS CAPTAINS

Airlines also use Exception 17669 which gives relief to file an alternate domestically by reducing wx requirements. One hour before to one our after an alternate is not required if the destination is
Cat 1- 1000/3sm
Cat 2/3 - 1000/2sm
(no TS are forecast)

Exemption 5549 which allows for high min Captains to be dispatched to airfields based on Cat I or II ops and conduct Cat I or II ops to the lowest publish minimums allowed by the approach plate, nav facility, or aircraft capability.

 

[FlyBigE]

"Based on our research, the FAA concludes that a previous leg~
interpretation did not accurately interpret the meaning and intent of 14 CFR § 135.225. See
Legal Interpretation to Glenn Rizner from Donald P. Byrne, Assistant Chief Counsel for ·
Regulations and Enforcement (March 21, 1991 ). The current legal interpretation takes
precedence over any prior interpretations reaching a different conclusion, specifically the
1991 Legal Interpretation to Glenn Rizner."

can you post the current legal interpretation?

 

[midlifeflyer]

can you post the current legal interpretation?

https://www.faa.gov/sites/faa.gov/files/faa_migrate/interps/2011/Butler-SandsAnderson_2011_Legal_Interpretation.pdf

 

[FlyBigE]

Thank you