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maybe RVR for that runway was 4000, that make the approach legal. RVR overrides tower vis.
If the .com is part 91 he can try it, you can't.
As you know, if you or the . Com flight gets to mins and sees the approach lights, it/ you can continue to 100' above mins and land if certain criteria is met.
I was just reading this older thread and I had a friend get busted by the FEDS on this one. It's a stinker... If you read FAR 91.175 closely you will see the following: 91.175 (3) i -
(3) Except for a Category II or Category III approach where any necessary visual reference requirements are specified by the Administrator, at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:
(i) The approach light system, except that the pilot may not descend below 100 feet above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable.
The kicker is that Red Terminating Bars AND side row bars are only a part of the ALSF II landing light system. That's what are on CATII and CATIII runways. Red Terminating Bars are on the ALSF I system. If the runway under discussion has minimums of 3/4 it may not have an ALSF I or II light system.
My friend got dinged by the FED's on this when he tried to talk his way out of this. He didn't read the fine print. It was a CAT I high mins runway with an MALSR system that didn't have the red side or terminating bars.
I meant to say 100' "below" mins, but that specified criteria had to be met.
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