Visiual App

[topdawg]

I agree, instrument app should have been the way to go, but what the Fed is claiming is that if they did stay on the instrument app. only MDA and ceiling are applicable. Once you are cleared for the visual you have to maintain cloud clearance for that particular airspace. Lot of room for interpretation about this in the FAR's. Amazing that the Fed is trying to go after pilots with this **CENSORED****CENSORED****CENSORED****CENSORED** that he knows nothing about.

 

[Singlecoil]

All the ops specs I've flown under required you to comply with 91.155 while on a visual. In a nusthell, clear of clouds is OK in class B, but not in C, D, or E.

 

[Swerpipe]

Your friend is not wrong but...

91.129
(e)Minimum Altitudes in Class D(Same applies for Class B, C)
(1) A large or turbine-powered airplane shall, unless otherwise required by the applicable distance of cloud criteria, enter the traffic pattern at an altitude of at least 1,500 ft feet above the levation of the airport and maintain at least 1500 feet until further descent is required for a safe landing

but..
5-4-20. Visual Approach
Visual approaches are an IFR procedure conducted under IFR in visual meteorological conditions. Cloud clearance requirements of 14 CFR Section 91.155 are not applicable, unless required by operation specifications.

If he is a Part 135 pilot he is probably in trouble. Most Part 135 Ops Specs in section:
C077 Terminal Visual Flight Rules, Limitations, and Provisions
a.(3)The Flightcrew must maintain the basic cloud clearance as specified in Section 91.155 (this section highlights under which conditions a flightcrew may execute a visual approach)

If his Ops Specs require distance from clouds during visual approaches (most likely) ,unless he is a Part 91 pilot getting a type rating, then he could be violated, otherwise, tell him to get a nice AOPA lawyer(hope he pays for the service) to get the FAA off his back. I would advice not to get into arguments with the FED over this. That's what a lawyer is for.

 

[Cardinal]

This Fed is saying that you you have to maintain 1500ft in the pattern and maintain cloud clearance (which would be a min of a 2000ft ceiling) or you can't accept it.

Our Flight Standards Manual was just revised to explicitly say just that. It "connects the dots" and says that you'll effectivley need at least a 2000ft ceiling to meet all requirements. Don't know if the change was motivated by fed pressure or not.

 

[JAFI]

Without commenting on the merits (yet, anyway) just wondering, is this a pending enforcement action (FAA Regoinal Counsel), or is it an investigation (FSDO)? Or just some "informal" dialogue with someone at FAA? Just wondering.

I agree with lawfly, Did the Inspector say he/she was going to mail an LOI or is this just dialogue? Unless you enjoy getting all worked up, you may want to find out if this is a "federal" case or a discussion. Do you have OpSpecs or are you part 91?

JAFI