CHARTER FLT DEPARTS SVFR UNDER RAPIDLY CHANGING WX SITUATION. FAA SAYS NOT LEGAL.
Synopsis
CHARTER FLT DEPARTS SVFR UNDER RAPIDLY CHANGING WX SITUATION. FAA SAYS NOT LEGAL.
Narrative
ATIS PRIOR TO TAXI WAS '...8 OVCST; 10 MI VISIBILITY.' I REQUESTED AND RECEIVED A SVFR CLRNC. DURING TAXI THE GND CTLR UPDATED THE WX CALLING IT 3 BROKEN; 5 OVCST; 10 MI VISIBILITY. STILL BEING ABOVE SVFR MINS; AND PART 135 MINS AND OUR COMPANY OPERATING SPECS I ELECTED TO GO AND WAS CLRED FOR TKOF. AFTER TKOF I CLBED TO 500-600 FT; LEVELED OFF FOR APPROX 1 MIN; THEN PROCEEDED UP TO 1200 FT. AT NO TIME WAS I IN LESS THAN VFR OR SVFR CONDITIONS UNDER PART 91; 135; OR OUR OPS SPECS. EVIDENTLY; THE FIELD WENT TO A 3 BROKEN CEILING SHORTLY AFTER I LEFT. THE FAA IS ARGUING THAT IT WAS BEFORE I LEFT. I DID NOT RECEIVE THIS WX UPDATE AND KNEW NOTHING ABOUT IT UNTIL COMPANY CALLED APPROX 15 MINS AFTER DEP AND ASKED WHAT WX I HAD WHEN I DEPARTED. TO THE BEST OF MY KNOWLEDGE; I NEVER BROKE VFR MINS DURING THE ENTIRE FLT. THE CAUSE OF THE CONFUSION WAS RAPIDLY CHANGING WX CONDITIONS AND ISOLATED POCKETS OF LOW WX. THE WX RPTS I RECEIVED DIDN'T COME AS FAST AS THE FAA SAYS THEY DID. I GUESS THE MORAL OF THE STORY IS; IF IT'S CLOSE TO MINS; EVEN IF IT'S NOT 'LESS THAN' MINS; YOU BETTER NOT ELECT TO GO' -- ESPECIALLY IF THE FAA IS ANYWHERE CLOSE.
Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.