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:

• Pilots departing airports without instrument approaches may be asked by ATC to confirm their ability to maintain terrain and obstruction clearance below the Minimum IFR Altitude (MIA). For Part 91 operations, accepting this responsibility is legally permissible as specific departure procedures or minimums are not mandatory.
• While legal, saying "yes" without sufficient knowledge, visual confirmation, or reliable navigation tools can be deemed "careless and reckless" under FAA regulation 91.13, placing full responsibility for obstacle avoidance solely on the pilot.
• Effective risk management for such departures requires a thorough assessment using all available resources (personal knowledge, visual survey, modern avionics with terrain/obstruction databases) and clear communication with ATC regarding any self-devised departure plans to ensure safety.

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