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Subject:Re: Climb To VFR On Top
From:Larry Dighera
Date:Fri Aug 25 17:40:10 2000

Cloud separation is "clear of clouds" according to FAR 91.157. That
isnt too hard to do if the hole is big enough, or there is a clear
demarcation of the edge of the cloud deck within the surface area of
controlled airspace.


Sec. 91.157 Special VFR weather minimums.

(a) Except as provided in appendix D, section 3, of this part,
special VFR operations may be conducted under the weather minimums and
requirements of this section, instead of those contained in Sec.
91.155, below 10,000 feet MSL within the airspace contained by the
upward extension of the lateral boundaries of the controlled airspace
designated to the surface for an airport.
(b) Special VFR operations may only be conducted--
(1) With an ATC clearance;
(2) Clear of clouds;
(3) Except for helicopters, when flight visibility is at least 1
statute mile; and
(4) Except for helicopters, between sunrise and sunset (or in
Alaska, when the sun is 6 degrees or more below the horizon) unless--
(i) The person being granted the ATC clearance meets the
applicable requirements for instrument flight under part 61 of this
chapter; and
(ii) The aircraft is equipped as required in Sec. 91.205(d).
(c) No person may take off or land an aircraft (other than a
helicopter)under special VFR--
(1) Unless ground visibility is at least 1 statute mile; or
(2) If ground visibility is not reported, unless flight visibility
is at least 1 statute mile. For the purposes of this paragraph, the
term flight visibility includes the visibility from the cockpit of
an aircraft in takeoff position if:
(i) The flight is conducted under this part 91; and
(ii) The airport at which the aircraft is located is a satellite
airport that does not have weather reporting capabilities.
(d) The determination of visibility by a pilot in accordance with
paragraph (c)(2) of this section is not an official weather report
or an official ground visibility report.

[Amdt. 91-235, 58 FR 51968, Oct. 5, 1993; 58 FR 57549, Oct. 26, 1993,
Amdt. 91-247, 60 FR 66875, Dec. 27, 1995, Amdt. 91-262, 65 FR 16114,
March 24, 2000]



On Sat, 26 Aug 2000 00:50:03 GMT, "MACKLIN"
wrote:

>Only if you can maintain cloud separation, which is very hard to do with a
>broken layer(s).
>
>"Larry Dighera" wrote in message
>news:yXDp5.17521$9o4.2616576@typhoon.we.rr.com...
>> On Fri, 25 Aug 2000 23:54:00 GMT, "MACKLIN"
>> wrote:
>>
>> >Special VFR is not an IFR clearance and you must not enter clouds,
>therefore you cant use SVFR to climb to on top.
>>
>> You can use SVFR to climb to on-top of a broken layer, that of course
>> constitutes a ceiling.


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