Not Enough Departures

The ATC Handbook, FAA Order 7110.65, Paragraph 4-2-8 directs controllers to ask this of VFR aircraft seeking an IFR clearance in the air until they reach the minimum IFR altitude (MIA), typically, ATCs minimum vectoring altitude or the published MEA. If the pilot is able to maintain terrain and obstruction separation, the Handbook states, issue the appropriate clearance… If unable to maintain terrain and obstruction separation, instruct the pilot to maintain VFR and to state intentions.

Key Takeaways:

• For Part 91 IFR departures from airports without published instrument approaches, pilots can legally accept ATC's request to provide their own terrain and obstruction clearance, as ODPs and takeoff minimums are not mandatory unless assigned.
• However, while legally permissible, accepting this responsibility without adequate visual or formal procedural guidance can be deemed careless and reckless by the FAA (FAR 91.13), highlighting that legality does not always equate to safety.
• In such situations, the pilot is solely responsible for terrain and obstruction separation and must conduct a thorough risk assessment using all available tools (e.g., charts, GPS, EFB terrain data), understanding their limitations, and communicating any self-planned departure procedures to ATC.

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