You got to know your limitations, to be sure, and minimums are certainly a limitation. You probably have the ones that you see on a daily basis memorized. The rest? Carry a cheat sheet in your wallet, one of these days it will come in handy.

— James Albright

1

14 CFR 91

image

Low vis vs. high pay (Chris Manno)

General definitions

Alternate airport means an airport at which an aircraft may land if a landing at the intended airport becomes inadvisable.

Ceiling means the height above the earth's surface of the lowest layer of clouds or obscuring phenomena that is reported as "broken", "overcast", or "obscuration", and not classified as "thin" or "partial".

Flight visibility means the average forward horizontal distance, from the cockpit of an aircraft in flight, at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night.

non-precision approach procedure means a standard instrument approach procedure in which no electronic glide slope is provided.

Precision approach procedure means a standard instrument approach procedure in which an electronic glide slope is provided, such as ILS and PAR.

Source: 14 CFR 1.1

Fuel Requirements for flight in VFR conditions

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed—

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Source: §91.151

Fuel requirements for flight in IFR conditions

(a) No person may operate a civil aircraft in IFR conditions unless it carries enough fuel (considering weather reports and forecasts and weather conditions) to—

(1) Complete the flight to the first airport of intended landing;

(2) Except as provided in paragraph (b) of this section, fly from that airport to the alternate airport; and

(3) Fly after that for 45 minutes at normal cruising speed or, for helicopters, fly after that for 30 minutes at normal cruising speed.

(b) Paragraph (a)(2) of this section does not apply if:

(1) Part 97 of this chapter prescribes a standard instrument approach procedure to, or a special instrument approach procedure has been issued by the Administrator to the operator for, the first airport of intended landing; and

(2) Appropriate weather reports or weather forecasts, or a combination of them, indicate the following:

(i) For aircraft other than helicopters. For at least 1 hour before and for 1 hour after the estimated time of arrival, the ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least 3 statute miles.

Source: §91.167

So, if you are flying on a cloudless day on an IFR flight plan, are you in "IFR conditions" and need to satisfy §91.167 or are you good to go with §91.151? For a few opinions, see Mail bag, below.

Destination Alternate Not Required]

If there is an IAP and weather for ETA +/- 1 hour is at least 2,000 and 3

Source: §91.167

My Opinion: There are no takeoff weather minimums for 14 CFR 91 operations, most of the time but filing an instrument flight plan where there are takeoff minimums published changes everything.

The FAA's Opinion: There are no takeoff minimums for 14 CFR 91.

Takeoff Minimums

Aircraft operating under 14 CFR Part 91 are not required to comply with established takeoff minimums. Legally, a zero/zero departure may be made, but it is never advisable. If commercial pilots who fly passengers on a daily basis must comply with takeoff minimums, then good judgment and common sense would tell all instrument pilots to follow the established minimums as well.

Source: FAA-H-8083-16, p. 1-8

This makes a certain segment of the professional pilot class very happy and it enrages others. What about 14 CFR 91, §91.175?

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

(1) Unless otherwise authorized by the FAA, no pilot may takeoff from a civil airport under IFR unless the weather conditions at time of takeoff are at or above the weather minimums for IFR takeoff prescribed for that airport under part 97 of this chapter.

(2) If takeoff weather minimums are not prescribed under part 97 of this chapter for a particular airport, the following weather minimums apply to takeoffs under IFR:

(i) For aircraft, other than helicopters, having two engines or less—1 statute mile visibility.

(ii) For aircraft having more than two engines—1/2 statute mile visibility.

(iii) For helicopters—1/2 statute mile visibility.

(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.

(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

(ii) For part 129 operators, the pilot uses a takeoff obstacle clearance or avoidance procedure that ensures compliance with the airplane performance operating limitations prescribed by the State of the operator for takeoff at that airport.

Source: 14 CFR 91, §91.175(f)

Yes this appears in Part 91, but no, it does not apply to Part 91 operations. But it is more complicated than that.

Applicability

(a) This part prescribes standard instrument approach procedures to civil airports in the United States and the weather minimums that apply to landings under IFR at those airports.

(b) This part also prescribes obstacle departure procedures (ODPs) for certain civil airports in the United States and the weather minimums that apply to takeoffs under IFR at civil airports in the United States.

Source: 14 CFR 97, §97.1

I think if you fly IFR you are operating under Part 97 and the "weather minimums that apply to takeoffs under IFR at civil airports in the United States" apply to you, because . . .

This subpart prescribes standard instrument approach procedures and takeoff minimums and obstacle departure procedures (ODPs) based on the criteria contained in FAA Order 8260.3, U.S. Standard for Terminal Instrument Procedures (TERPs), and other related Orders in the 8260 series that also address instrument procedure design criteria.

Source: 14 CFR 97, §97.20(a)

The Standard Instrument Departure (SID) or Obstacle Departure Procedure (ODP) is prescribed by 14 CFR 97, which applies to all U.S. pilots flying under Instrument Flight Rules. Like it or not, if an airport lists takeoff minimums, they apply to you. If a U.S. airport does not list any takeoff minimums and your operation doesn't have takeoff minimums, you are good to go. (Foolish, but legal.) No what about internationally?

The pilot-in-command shall not operate to or from an aerodrome using operating minima lower than those which may be established for that aerodrome by the State in which it is located, except with the specific approval of that State.

Source: ICAO Annex 6, Part II, ¶2.2.2.2.

Part II of ICAO Annex 6 applies to general aviation aircraft. Part I applies to commercial operators and has a similar statement in ¶4.2.8. So when flying internationally, your takeoff minimums are as set by the host nation.

However . . .

It seems pretty clear to me that taking off under 14 CFR 91 you don't have takeoff minimums unless the airport has published minimums. But the FAA disagrees. I was contacted by someone at the FAA who says that Part 97 ceiling and visibility minima were never intended to be applicable to Part 91 operations:

  • My research has indicated that when section 91.116(c)-the predecessor to the current section 91.175-was first proposed for adoption in 1967, this issue arose and was addressed as follows:
  • Several comments indicated that section 91.116(c) of the proposal could be interpreted to apply civil airport takeoff minimums to aircraft operators other than those operating under Part 121, 129, or 135. As this result was not intended [underline added], the language of the paragraph as adopted herein has been changed to make it clear that the minimums apply to aircraft operating under 121, 129, or 135 (32 FR 13909 Oct 6, 1967).
  • Accordingly, I am constrained to agree with your analysis that a Part 91 flight can depart in weather conditions less than the minima prescribed for the SID.

Source: FAA Chief Counsel Legal Interpretation

I can't fathom why this is the FAA's approach here. I suspect it will be this way until someone kills a lot of people.

Approach Minimums

(a) Unless otherwise authorized by the FAA, when it is necessary to use an instrument approach to a civil airport, each person operating an aircraft must use a standard instrument approach procedure prescribed in part 97 of this chapter for that airport.

(b) For the purpose of this section, when the approach procedure being used provides for and requires the use of a DA/DH or MDA, the authorized DA/DH or MDA is the highest of the following:

(1) The DA/DH or MDA prescribed by the approach procedure.

(2) The DA/DH or MDA prescribed for the pilot in command.

(3) The DA/DH or MDA appropriate for the aircraft equipment available and used during the approach.

(c) Operation below DA/ DH or MDA. Except as provided in paragraph (l) of this section, where a DA/DH or MDA is applicable, no pilot may operate an aircraft below the authorized MDA or continue an approach below the authorized DA/DH unless —

(1) The aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal maneuvers, and for operations conducted under part 121 or part 135 unless that descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing;

(2) The flight visibility is not less than the visibility prescribed in the standard instrument approach being used; and

(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.

(ii) The threshold.

(iii) The threshold markings.

(iv) The threshold lights.

(v) The runway end identifier lights.

(vi) The visual approach slope indicator.

(vii) The touchdown zone or touchdown zone markings.

(viii) The touchdown zone lights.

(ix) The runway or runway markings.

(x) The runway lights.

(d) Landing. No pilot operating an aircraft may land that aircraft when —

(1) For operations conducted under paragraph (l) of this section, the requirements of (l)(4) of this section are not met; or

(2) For all other part 91 operations and parts 121, 125, 129, and 135 operations, the flight visibility is less than the visibility prescribed in the standard instrument approach procedure being used.

(l) Approach to straight-in landing operations below DH, or MDA using an enhanced flight vision system EFVS). For straight-in instrument approach procedures other than Category II or Category III, no pilot operating under this section or §121.651, 125.381, and 135.225 of this chapter may operate an aircraft at any airport below the authorized MDA or continue an approach below the authorized DH and land unless —

(1) The aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal maneuvers, and, for operations conducted under part 121 or part 135 of this chapter, the descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing;

(2) The pilot determines that the enhanced flight visibility observed by use of a certified enhanced flight vision system is not less than the visibility prescribed in the standard instrument approach procedure being used;

(3) The following visual references for the intended runway are distinctly visible and identifiable to the pilot using the enhanced flight vision system:

(i) The approach light system (if installed); or

(ii) The following visual references in both paragraphs (l)(3)(ii)(A) and (B) of this section:

(A) The runway threshold, identified by at least one of the following:

( 1 ) The beginning of the runway landing surface;

( 2 ) The threshold lights; or

( 3 ) The runway end identifier lights.

(B) The touchdown zone, identified by at least one of the following:

( 1 ) The runway touchdown zone landing surface;

( 2 ) The touchdown zone lights;

( 3 ) The touchdown zone markings; or

( 4 ) The runway lights.

(4) At 100 feet above the touchdown zone elevation of the runway of intended landing and below that altitude, the flight visibility must be sufficient for the following to be distinctly visible and identifiable to the pilot without reliance on the enhanced flight vision system to continue to a landing:

(i) The lights or markings of the threshold; or

(ii) The lights or markings of the touchdown zone;

(5) The pilot(s) is qualified to use an EFVS as follows —

(i) For parts 119 and 125 certificate holders, the applicable training, testing and qualification provisions of parts 121, 125, and 135 of this chapter;

(ii) For foreign persons, in accordance with the requirements of the civil aviation authority of the State of the operator; or

(iii) For persons conducting any other operation, in accordance with the applicable currency and proficiency requirements of part 61 of this chapter;

Source: §91.175

Alternate Airport Weather Requirements

With IAP: 600'/2 precision, 800'/2 non precision at ETA Without IAP: ceiling and vis to allow descent from MEA, approach and landing under basic VFR.

Source: §91.169

These provisions can be confusing. At minimums you could call "landing," "continue," or "go around." Why? See Mail box, below.

2

14 CFR 135

Takeoff Alternate Required

If weather above takeoff minimums but below authorized IFR landing minimums must have an alternate airport within 1 hour's flying time (at normal cruise speed in still air) of the departure airport.

Source: §135.217

Destination Alternate Not Required

If there is an IAP AND Weather for ETA +/- 1 hour at least 1,500' ceiling above lowest circling MDA or if no circling at least 1,500' above lowest minimum or 2,000' above airport elevation whichever higher AND Visibility at least 3 miles or 2 miles more than lowest applicable mins, whichever greater.

Source: §135.223

Destination Requirements Prior to Takeoff

Cannot takeoff IFR unless latest weather reports or forecasts indicate weather at destination for ETA will be at or above authorized landing minimums.

Source: §135.219

Takeoff Minimums

As provided in Part 97 or OpSpecs, if none then 1 sm visibility for 2 engine aircraft, if straight-in approach available then at mins for that approach.

Source: §135.225

Takeoff Minimums

1 sm or RVR 5000 (standard). If no published takeoff mins then may use standard or OpSpecs. If published min is greater than standard and no alternate procedure is not prescribed cannot use lower than standard.

Source: C057

Takeoff Minimums

When takeoff minimums are less than standard can use:

  • TD RVR 1600 or RVV 1/4 sm provided have HIRL, CL, RCLM, or adequate visual reference. TD RVR is controlling, if inop can use mid RVR.
  • TD RVR 1000 and Rollout RVR 1000 provided have HIRL, two RVR systems, and CL.
  • TD RVR 500, mid-RVR 500, Rollout RVR 500 provided have CL, RCLM, and RVR systems. If only two RVR, must have TD, rollout.

Source: C079

Approach Minimums

May not begin an IAP unless the airport has an approved weather facility and the latest weather is above minimums. Eligible on-demand may begin the IAP without an approved weather facility provided the alternate has one and have an approved altimeter setting. If weather goes below after beyond the FAF, may continue.

Source: §135.225

Approach Minimums

Touchdown zone (TDZ) RVR reports, when available for a particular runway, are controlling for all approaches and landings on that runway. The mid RVR and rollout RVR reports (if available) provide advisory information to pilots. The mid RVR report may be substituted for the TDZ RVR report if the TDZ RVR report is not available.

Source: C053 and C074

Approach Minimums

If weather less than 3/4 sm or RVR 4000, must have precision runway instrument marking or centerline lights and must have 15% additional runway over landing field length.

Source: C054

Alternate Airport Weather Requirements

Weather reports/forecasts above authorized mins at ETA.

Source: §135.221

Alternate Airport Weather Requirements

With at least one operational nav facility providing a straight-in non-precision or circling: add 400' HAT/HAA and 1 sm vis. With at least two operational nav facilities providing straight-in approaches to a different runway: add 200' to higher HAT and 1/2 sm to higher vis minimum.

Source: C055


3

EASA

What about in Europe? For EU countries:

Commencement and continuation of approach (ED Decision 2013/021/R)

VISUAL REFERENCES FOR INSTRUMENT APPROACH OPERATIONS

(a) NPA, APV and CAT I operations

At DH or MDH, at least one of the visual references specified below should be distinctly visible and identifiable to the pilot:

(1) elements of the approach lighting system;

(2) the threshold;

(3) the threshold markings;

(4) the threshold lights;

(5) the threshold identification lights;

(6) the visual glide slope indicator;

(7) the touchdown zone or touchdown zone markings;

(8) the touchdown zone lights;

(9) FATO/runway edge lights; or

(10) other visual references specified in the operations manual.

Source: AMC1 NCC.OP.230

So if you have at least one of those references, you can continue. But what do you need to land? That is in the previous section:

(e) The approach may be continued below DA/H or MDA/H and the landing may be completed provided that the visual reference adequate for the type of approach operation and for the intended runway is established at the DA/H or MDA/H and is maintained.

Source: NCC.OP.230

It appears they do not specify what is "adequate" reference for the landing but whatever that is, you need to have it by the DA/H. This is much less specific than the U.S. rules for operating below the DA/H.


4

Cheat Sheet

Note: These minimums will be modified by individual company rules and operations specifications.

Prior to Flight

  • Takeoff Alternate Required [§135.217] If weather above takeoff minimums but below authorized IFR landing minimums must have an alternate airport within 1 hour's flying time (at normal cruise speed in still air) of the departure airport.
  • Destination Alternate Not Required [§91.167] — If there is an IAP and weather for ETA +/- 1 hour is at least 2,000 and 3.
  • Destination Alternate Not Required [§135.223] — If there is an IAP AND Weather for ETA +/- 1 hour at least 1,500' ceiling above lowest circling MDA or if no circling at least 1,500' above lowest minimum or 2,000' above airport elevation whichever higher AND Visibility at least 3 miles or 2 miles more than lowest applicable mins, whichever greater.
  • Approach Minimums [§91.175] — (b) For the purpose of this section, when the approach procedure being used provides for and requires the use of a DA/DH or MDA, the authorized DA/DH or MDA is the highest of the following: (1) The DA/DH or MDA prescribed by the approach procedure. (2) The DA/DH or MDA prescribed for the pilot in command. (3) The DA/DH or MDA appropriate for the aircraft equipment available and used during the approach.
  • Alternate Airport Weather Requirements [§91.169] — With IAP: 600'/2 precision, 800'/2 non precision at ETA Without IAP: ceiling and vis to allow descent from MEA, approach and landing under basic VFR.

Prior to Takeoff

  • Minimum Fuel [§91.151] — No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.
  • Minimum Fuel [§91.167] — No person may operate a civil aircraft in IFR conditions unless it carries enough fuel (considering weather reports and forecasts and weather conditions) to (1) Complete the flight to the first airport of intended landing; (2) Except when an alternate is not required, fly from that airport to the alternate airport; and (3) Fly after that for 45 minutes at normal cruising speed or, for helicopters, fly after that for 30 minutes at normal cruising speed.
  • Takeoff Minimums [§91.175] — As provided in Part 97, if none then 1 sm visibility for 2 engine aircraft.
  • Takeoff Minimums [§135.225] — As provided in Part 97 or OpSpecs, if none then 1 sm visibility for 2 engine aircraft, if straight-in approach available then at mins for that approach.

Prior to Approach

  • Approach Minimums [§135.225] — May not begin an IAP unless the airport has an approved weather facility and the latest weather is above minimums. Eligible on-demand may begin the IAP without an approved weather facility provided the alternate has one and have an approved altimeter setting. If weather goes below after beyond the FAF, may continue.

General definitions

Ceiling means the height above the earth's surface of the lowest layer of clouds or obscuring phenomena that is reported as "broken", "overcast", or "obscuration", and not classified as "thin" or "partial".

Flight visibility means the average forward horizontal distance, from the cockpit of an aircraft in flight, at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night.

Downloadable Cheat Sheet

For a downloadable cheat sheet: Click Here.


5

Mail box

image

Hello Code 7700,
I was asked by a friend and ex-colleague the other day what our company procedure was for the “minimums” call on an approach to which I responded either, “landing” or “go-around” which is pretty much how I have been indoctrinated during my career. But I have heard on the odd occasion (when we’ve used contractors or when I’ve contracted for different outfits) of procedures that call for a “Continue” call instead and I was wondering what your thoughts are on this subject? My friend is an advocate of the latter procedure.

Best regards,
Avid Reader

Dear Avid,
The “continue” call comes from the provisions of 14 CFR 91.175 which says you can go below DA but no lower than 100 feet above touchdown zone elevation if you see the approach light system, and then may continue to land if you see the red terminating bars or the red size row bars or other parts of the runway that are listed in that paragraph.
So, for example, if you are flying an ILS with a 200’ DA and spot the approach lights (but not the red terminating or side row bars) and do not see the anything else, you can continue to 100’. The pilot should say “continue” to let the other pilot know what is going on. Then if the pilot spots the threshold or anything else listed in that paragraph, the pilot says “landing.” If no other required items are seen by 100', then even though you had seen a portion of the approach lights, the call is “go around.”
James


Dear Code 7700,

I am just getting comfortable with the Heads Up Display (HUD) and Enhanced Flight Vision System (EFVS) on my airplane but it seems the pilot in the right seat, without a HUD or EFVS, always seems to spot the runway before me. When we go to the simulator, the instructor says maybe I need new glasses or I just don't know where to look. But I don't need new glasses and the instructor doesn't have any good hints on where to look. Where should I be looking when on an approach at minimums using EFVS?

Signed, R. Fader
Fort Lee, New Jersey

image

A G500 EVS approach at ILS minimums,

Mister Fader,

When using a HUD we tend to focus on the Flight Path Vector (FPV) which should be right at our touchdown zone. But the minimums for the approach are based on the approach lights, which will be well short of the runway. I took a photo while in training flying into Savannah, Georgia, Runway 10, with the visibility at minimums. The DA is 230 feet and, looking at the top right altimeter, you see we are at 240 feet, ten feet to go. Looking at the FPV (The circle with the wings and tail) we don't see anything from the infrared EFVS because there are no lights on the touchdown zone for this runway. But this runway has MALSR and you can just barely see them if you drop your eyes down along the centerline drawn in the HUD. That centerline is seven broken lines from short of the EFVS image toward the runway. Look right under the top broken line and you will see the roll bar from the MALSR. Spotting that allowed me to take it another 100 feet by which time the PM spotted the runway and we landed.

You didn't mention what kind of airplane but I think the best advice is to have the airplane coupled or very stable, make sure you are on glide path, and as you get closer to minimums pick up a scan of where you expect to see approach lights.

James


Dear James,

I have an IFR 91.167 question for you about IFR fuel reserves. The regulation says (a) No person may operate a civil aircraft in IFR conditions unless it carries enough fuel (considering weather reports and forecasts and weather conditions) to— (1) Complete the flight to the first airport of intended landing; (2) Except as provided in paragraph (b) of this section, fly from that airport to the alternate airport; and (3) Fly after that for 45 minutes at normal cruising speed or, for helicopters, fly after that for 30 minutes at normal cruising speed.

FAR 1:1 defines IFR conditions as weather less than VFR. Does that imply that if you are on an IFR flight plan from say KTRM to KVNY and there is not a cloud in sight, severe clear, that the 45 min fuel reserve drops to the VFR reserve of 30 mins? I can’t find a legal interpretation.

Thanks,
Richard Fader's Flight Instructor

Mr. Flight Instructor,

You have stumbled upon one of our age-old gray areas in the FARs, one that I’ve given a lot of thought to over the years. I have my own answer but a colleague of mine at the website, Larry, has provided “meat” to the “bones” I have to offer. So, first the answer I have settled on over the years, and then Larry’s thoughts.

In my view none of us can guarantee the weather conditions for the duration of a flight, be that the ceiling and visibility or the winds. An IFR rating and flight plan give you a few more tools to deal with the unforeseen but do not remove any obligations to land someplace with enough fuel to complete the flight. I’ve studied a few fuel exhaustion cases and came close twice myself. (Once as a result of stupidity at the age of 23 in a T-37 and another time as a result of a fuel leak half way across the Pacific in a Boeing 707.) The thing I noticed is nobody really cares until you crash, and then everyone cares. So back to the unpredictability of weather and the performance of your aircraft. (If the gauge says you have 20% left, how much do you really have left?) We are judged not only on the outcome, but on our planning and preparation. If you end up short, did you do everything right based on the information you had when you started? If the answer is no, then you can (and should) be cited for 91.13 careless or reckless. So my answer is that I would consider the fact I filed an IFR flight plan to mean I am flying in IFR conditions, fully recognizing that a good lawyer can prove me wrong. But if that 15 minutes ends up killing someone, the lawyer’s words become worthless.

So that is what I settled on way back in 1980 flying my trusty T-37 and continue to believe today. Now for a more reasoned answer, here is Chris Parker.

Mr. Flight Instructor,

Thank you for your question. You ask: FAR 1:1 defines IFR conditions as weather less than VFR. Does that imply that if you are on an IFR flight plan from say KTRM to KVNY and there is not a cloud in sight, severe clear, that the 45 min fuel reserve drops to the VFR reserve of 30 mins? I can’t find a legal interpretation.

Response:

With regards to FAR interpretations, sometimes there are no Legal Interpretations or Chief Counsel's Opinions. We have to rely upon the legal theory of the “plain meaning rule.” That is, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning. We can also look to the Federal Register NPRM when the rule was established or amended and also the FAR preambles. Also, NTSB opinions and orders are sometimes helpful when attempting to decipher a rule.

With regards to your question, the answer is yes, 14 CFR § 91.151 fuel requirements would apply to your example. We arrive at the answer using the plain meaning rule. In this analysis, it is important not to conflate the terms operating in instrument conditions, operating under instrument flight rules, and filing and activating an IFR flight plan.

Given the conditions you outline in your example flight, that the weather is CAVU (clear and visibility unrestricted, or “severe clear, not a cloud in sight”) from the departure airport to the destination, then the aircraft would never operate in IFR conditions, although it may well be operating under instrument flight rules and in accordance with an instrument flight plan. If the aircraft is never operated in instrument conditions, then 14 CFR § 91.167, titled “Fuel requirements for flight in IFR conditions” does not apply, and 14 CFR § 91.151 (a) (1) and (2) titled “Fuel requirements for flight in VFR conditions” would be controlling.

Keep in mind, however, that although certain operations may be legal, they may not be safe or prudent. A pilot whose aircraft suffers fuel exhaustion prior to reaching either the destination or alternate airport, or who must declare an emergency for an expedited landing (due to low fuel), can be found to have failed to exercise "good judgment," which could result in a violation of section 91.13, for the careless or reckless operation of the aircraft. (See Administrator v. Ostgrove, NTSB Order No. EA-4916 at 22 (2001)).

I hope this information has been helpful and responsive to your question.

Sincerely,

Chris Parker, Code7700.com

References

(Source material)

14 CFR 1, Title 14: Aeronautics and Space, Definitions and Abbreviations, Federal Aviation Administration, Department of Transportation

14 CFR 91, Title 14: Aeronautics and Space, General Operating and Flight Rules, Federal Aviation Administration, Department of Transportation

14 CFR 97, Title 14: Aeronautics and Space, Standard Instrument Procedures, Federal Aviation Administration, Department of Transportation

14 CFR 135, Title 14: Aeronautics and Space, Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons on Board Such Aircraft, Federal Aviation Administration, Department of Transportation

Air Operations (IR + AMC/GM & CS/GM) eRules, Easy Access RUles for Air Operations (Regulation (EU) No 965/2012), European Union, 1998-2019

FAA-H-8083-16A, Instrument Procedures Handbook, U.S. Department of Transportation, Federal Aviation Administration, 2015

FAA Chief Counsel Legal Interpretation of Part 97 Minimums, Oct 27, 1999

ICAO Annex 6 - Operation of Aircraft - Part 2 General Aviation, International Standards and Recommended Practices, Annex 6 to the Convention on International Civil Aviation, Part II, July 2008