Scott Dyer [HPN/NY]
(Top Gun)
06/15/17 09:13 AM
Re: Class E Airspace Question

Denny -- I'll say that the VFR departure is inappropriate and the pilot would need to obtain a Special VFR clearance. Although the departure meets the requirements of 91.155 for VFR flight in Class E airspace at the satellite airport, the override of 91.157 applies to "the airspace contained by the upward extension of the lateral boundaries of the controlled airspace designated to the surface of an airport". (Note it says "an airport" and not "the airport", thus it is not limited to Class E airspace defined by reference to the airport of departure.)

The AIM in 4-4-6 expressly references SVFR within Class E airspace (although we normally think of it only as applicable to Class B, C and D surface areas).

Nothing in 4-4-6 or the FARs reference the weather conditions at the satellite airport of departure as being determinative, whereas outside of the "lateral boundaries of the controlled airspace designated to the surface of an airport" the normal 91.155 rules apply and s/he'd be good to go VFR.



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