IFR Departure procedure.

[Fly_Unity]

I just did my 6 month 135 IFR checkride, and I tell the FSDO guy that under IFR rules we are required to do the departure procedure. If we wanted to bybass this, we could do a VFR climb (although ATC still expects us to follow the departure procedure) or we can take off VFR and pick up the clearance in the air.

He wanted me to show him where it says we must always use the departure procedure under IFR rules (even if its a clear day). I could not find it anywhere although I was almost sure I read that somewhere.

Im talking 135 rules here. I know under 91 we do not have to fly the departure procedure.

am I imagining things?

 

[drunkenbeagle]

Could it be a GOM/ OpSpec ? I don't fly 135, so that would be my best guess.

 

[Blackhawk]

It's in 91.175, not 135:

"(f) Civil airport takeoff minimums. This paragraph applies to persons operating an aircraft under part 121, 125, 129, or 135 of this chapter.

...
(3) Except as provided in paragraph (f)(4) of this section, no pilot may takeoff under IFR from a civil airport having published obstacle departure procedures (ODPs) under part 97 of this chapter for the takeoff runway to be used, unless the pilot uses such ODPs or an alternative procedure or route assigned by air traffic control.
(4) Notwithstanding the requirements of paragraph (f)(3) of this section, no pilot may takeoff from an airport under IFR unless:
(i) For part 121 and part 135 operators, the pilot uses a takeoff obstacle clearance or avoidance procedure that ensures compliance with the applicable airplane performance operating limitations requirements under part 121, subpart I or part 135, subpart I for takeoff at that airport; or..."

 

[DE727UPS]

There you go. Good catch.

 

[drunkenbeagle]

Good catch indeed... So why is this under 91 and not 121/135?????

 

[DE727UPS]

Well, I think one of the gotcha's of the regs is 91 applies to everyone unless amended or superseded by 135 or 121. For example, you could be a 121 Capt and 91.3 still applies.

 

[Fly_Unity]

wow, thanks. I knew it was somewhere!

 

[C150J]

Also check your C077. If I'm not mistaken, this might be what you were recalling (don't have it in front of me, but I think that's it).

 

[C150J]

Just wanted to add that this is post is a great segue to reviewing diverse vector areas (where ATC vectors take precedence over an ODP), early turn exceptions, and AIM 5-2-8.

 

[Fly_Unity]

Also check your C077. If I'm not mistaken, this might be what you were recalling (don't have it in front of me, but I think that's it).

Our opspecs does not have a C077. It stops at C076.

 

[C150J]

Our opspecs does not have a C077. It stops at C076.

Interesting, here's how an element of it reads:

e. Terminal departures IFR. The flightcrew must comply with the departure procedures established for a particular airport by the FAA if ATC does not specify any particular departure procedure in the takeoff clearance given for that airport. The flightcrew may accept an IFR clearance containing a clearance for a VMC takeoff and climb out to a specified point in the clearance, if the limitations and provisions of subparagraph f. of this operations specification are met.

 

[Houston]

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