General discussion for aviators

FAA and other legal stuff

In the USA is it legal to climb in a hole in an overcast whilst VFR, then
go VFR on top, then descend VFR?

T’other question, is there a central e-mail address that I can use to
contact the FAA? I’m still waiting for my Pilots Certificate and my
Temporary one will expire soon.

Cheers

David.

posted by admin in Uncategorized and have Comments (20)

20 Responses to “FAA and other legal stuff”

  1. admin says:

    Previously on FAA and other legal stuff…

    djtay…@cix.compulink.co.uk ("David Taylor") wrote in article
    <Dt1GwC….@cix.compulink.co.uk>…

    > In the USA is it legal to climb in a hole in an overcast whilst VFR,
    then
    > go VFR on top, then descend VFR?

    If you can maintain VFR separation from the clouds and have the required
    visibility, then yes, you can climb through a hole to VFR on top.  It is
    legal in the US to fly VFR above a solid cloud layer.  The jury is still
    out on the wisdom of this.  Likewise, a VFR descent is fine as long as you
    can maintain VFR distance from clouds, and visibility.  This is where it
    gets stickey.  If you get to where you are going and the clouds are too
    thick (despite those weather reports to the contrary), you are stuck on
    top.  In addition, if anything should go wrong enroute, you have another
    problem.  Still, you didn’t ask that, you asked if it was legal, and under
    the above conditions, the answer is yes.

    > T’other question, is there a central e-mail address that I can use to
    > contact the FAA? I’m still waiting for my Pilots Certificate and my
    > Temporary one will expire soon.

    Not that I am aware of, but that’s probably not the best route anyway.  I
    would recommend that you contact your DE (the guy who gave you the test)
    and tell him that you still haven’t received your certificate.  He can
    then follow up on the paperwork with Oklahoma City.  He should also have a
    copy of your 8710-1 form (you should too!) in case they lost it (it’s
    happened more often than you think).

    *————————————————————————
    |    ####   ####   John Freas, ATP/CFII-ME     | Lear 23/24/25
    |    #  #         ===  ===  ===  ===  ===  ===  ===  ===  ===  ===  ===  
    | #######   ####   john.fr…@worldnet.att.net | Anytime, all the time.
    *————————————————————————

  2. admin says:

    David Taylor wrote:

    > In the USA is it legal to climb in a hole in an overcast whilst VFR, then
    > go VFR on top, then descend VFR?
    > Yes it is legal as long as you maintain vfr cloud separation distance while climbing

    through the hole. Technically that requires a rather large hole. Many people push the
    edges of this reg. This being said, I would strongly advise against this for a new
    pilot unless you are certain, meaning you have seen for yourself, not forecast, that
    there are lots of holes to come back down through.I have talked to a few new pilots and
    amazingly even student pilots who have gotten stuck on top doing this and it was a
    terrifying experience. Flying on top is cool, but there is plenty of time for that.
    That’s what instrument ratings are for. Give yourself some time to get used to flying
    basic vfr before you start trying things that you’re not even sure you’re allowed to do.
    > T’other question, is there a central e-mail address that I can use to
    > contact the FAA? I’m still waiting for my Pilots Certificate and my
    > Temporary one will expire soon.

    > Cheers

    > David.  

    As far as this is concerned, I know that you can access some faa databases online but I
    don’t know if they will deal with you by email.I doubt it. If your temporary is going to
    expire soon I would send an overnight certified letter to them asap.Good luck and
    congrats. frank

  3. admin says:

    djtay…@cix.compulink.co.uk ("David Taylor") wrote:
    >In the USA is it legal to climb in a hole in an overcast whilst VFR, then
    >go VFR on top, then descend VFR?
    >T’other question, is there a central e-mail address that I can use to
    >contact the FAA? I’m still waiting for my Pilots Certificate and my
    >Temporary one will expire soon.
    >Cheers
    >David.

    Yes, it is legal as long as you maintain VFR.  That means you must
    remain the VFR distances from the clouds that created the hole.  Once
    on top, you must remain VFR also, with respect to the cloud tops.
    Alway remember, you don’t want to be too close to the tops or bottoms,
    since I may be climbing through the clouds with my B-767 at rates in
    excess of 4000 fpm at speeds of .80 Mach.  Another important thing:
    Holes tend to close rapidly.  I have heard many of general aviation
    pilot *stuck* on top – lost.  Those that try to get down tend to find
    the bottoms are no longer at 2 or 3 thousand feet, they are now down
    to 200 feet.  Many of general aviation pilot has plowed holes into the
    ground by developing vertigo.  I would recommend you keep training,
    get that instrument ticket.  That way when you go VFR and a hole
    closes in on you, or you can’t out climb the tops, or the bottoms suck
    down to CAT 1 mins. you can still get down in one piece.

    As far as your ticket.  Go to your local GADO or FSDO and show your
    expired ticket, they will get you a new one.  You might try your
    examiner, he too can issue you a new one.  I have been getting
    licenses and ratings for over 28 years.  The permanent license nearly
    always comes in during the last week or two of the temp.

    Frank
    ATP DC-8, DC-9, B-727, B-737, B-757, B-767

  4. admin says:

    David Taylor wrote:

    > In the USA is it legal to climb in a hole in an overcast whilst VFR, then
    > go VFR on top, then descend VFR?

    Yes, as long as you can remain VFR (cloud clearance and visibility
    requirements).

    > T’other question, is there a central e-mail address that I can use to
    > contact the FAA? I’m still waiting for my Pilots Certificate and my
    > Temporary one will expire soon.

    The local FSDO can extend your temporary certificate.  It happened to me
    and they didn’t even bat an eye, took all of five minutes.

    -Ron

  5. admin says:

    On Mon, 17 Jun 1996 03:14:52 GMT, Jon Morrow <mor…@cs.columbia.edu>
    wrote in rec.aviation.piloting:

    >Student pilots cannot fly VFR-on-top.  FAR 61.90(a)(7): "A student
    >pilot may not act as pilot in command of an aircraft when the flight
    >cannot be made with visual reference to the surface."

    Oops, it’s FAR 61.89(a)(7).

  6. admin says:

    On Sun, 16 Jun 1996 08:33:36 -0400, Francis Martin <schu…@dmv.com>
    wrote in rec.aviation.piloting:

    >David Taylor wrote:
    >> In the USA is it legal to climb in a hole in an overcast whilst VFR, then
    >> go VFR on top, then descend VFR?

    >I have talked to a few new pilots and amazingly even student pilots who
    > have gotten stuck on top doing this and it was a terrifying experience.

    Student pilots cannot fly VFR-on-top.  FAR 61.90(a)(7): "A student
    pilot may not act as pilot in command of an aircraft when the flight
    cannot be made with visual reference to the surface."

  7. admin says:

    Jon Morrow <mor…@cs.columbia.edu> wrote:
    >On Sun, 16 Jun 1996 08:33:36 -0400, Francis Martin <schu…@dmv.com>
    >wrote in rec.aviation.piloting:

    >>David Taylor wrote:
    >>> In the USA is it legal to climb in a hole in an overcast whilst VFR, then
    >>> go VFR on top, then descend VFR?

    >>I have talked to a few new pilots and amazingly even student pilots who
    >> have gotten stuck on top doing this and it was a terrifying experience.

    >Student pilots cannot fly VFR-on-top.  FAR 61.90(a)(7): "A student
    >pilot may not act as pilot in command of an aircraft when the flight
    >cannot be made with visual reference to the surface."

    OK…my turn to nit pick… But I am actaully asking just to make sure.  
    We have been using the term "VFR on top" in this thread.  That’s an IFR
    operation, right?  When we fly over a layer on a VFR flight we call it
    "VFR over the top" right?

    In real life, unofficial discussions I always say "on top", regardless.  
    But we are talking about "over the top" here, right?

    Curtis

  8. admin says:

    - Hide quoted text — Show quoted text -

    C. Wheeler wrote:

    > Jon Morrow <mor…@cs.columbia.edu> wrote:
    > >On Sun, 16 Jun 1996 08:33:36 -0400, Francis Martin <schu…@dmv.com>
    > >wrote in rec.aviation.piloting:

    > >>David Taylor wrote:
    > >>> In the USA is it legal to climb in a hole in an overcast whilst VFR, then
    > >>> go VFR on top, then descend VFR?

    > >>I have talked to a few new pilots and amazingly even student pilots who
    > >> have gotten stuck on top doing this and it was a terrifying experience.

    > >Student pilots cannot fly VFR-on-top.  FAR 61.90(a)(7): "A student
    > >pilot may not act as pilot in command of an aircraft when the flight
    > >cannot be made with visual reference to the surface."

    > OK…my turn to nit pick… But I am actaully asking just to make sure.
    > We have been using the term "VFR on top" in this thread.  That’s an IFR
    > operation, right?  When we fly over a layer on a VFR flight we call it
    > "VFR over the top" right?

    > In real life, unofficial discussions I always say "on top", regardless.
    > But we are talking about "over the top" here, right?

    > Curtis

    All valid points. I didn’t say by the way that the student pilots of
    whom I spoke were operating legally, only that they had done it. I still
    think that it is a questionable practice for a new pilot, however legal
    it may be. frank

  9. admin says:

    In article <31C582D6.4…@dmv.com>, Francis Martin  <schu…@dmv.com> wrote:

    >All valid points. I didn’t say by the way that the student pilots of
    >whom I spoke were operating legally, only that they had done it. I still
    >think that it is a questionable practice for a new pilot, however legal
    >it may be. frank

    It’s questionable for any VFR pilot. There’s a term for this sort of
    hole in an overcast which dates back at least to WWI. It’s called a
    "sucker hole".

    ———————————————————————–
                        | Trichinosis, n. The pig’s reply to proponents of
    George Patterson –  | porcophagy.
                        |         Ambrose Bierce – The Devil’s Dictionary
    ———————————————————————–

  10. admin says:

    In article <4q15sv$…@liberator.concentric.net>,
       es…@cris.com (Frank) wrote:

    >djtay…@cix.compulink.co.uk ("David Taylor") wrote:
    >As far as your ticket.  Go to your local GADO or FSDO and show your
    >expired ticket, they will get you a new one.  You might try your
    >examiner, he too can issue you a new one.  I have been getting
    >licenses and ratings for over 28 years.  The permanent license nearly
    >always comes in during the last week or two of the temp.

    Frank:

    You need to get your facts straight. There are no more GADO’s and designated
    pilot examiners may NOT reissue expired certificates; only an FAA Inspector
    can do that.

    The applicant MUST show up, in person, with a picture id card that looks like
    the applicant (many do not, like driver licenses issued years ago…these
    won’t work), at any FSDO.  Try to do it early in the day and give yourself
    some time; your status MUST be verified with the Airman Certification Branch
    in Oklahoma City.

    Jim Wilkinson
    FAA Ops Inspector
    Long Beach FSDO
    310-420-1755
    e-mail: james.m.wilkin…@mail.hq.faa.gov
    [The opinions expressed herein are not necessarily
    those of the writer OR his most patient employer!]

  11. admin says:

    - Hide quoted text — Show quoted text -

    Jim Wilkinson wrote:

    > In article <4q15sv$…@liberator.concentric.net>,
    >    es…@cris.com (Frank) wrote:
    > >djtay…@cix.compulink.co.uk ("David Taylor") wrote:

    > >As far as your ticket.  Go to your local GADO or FSDO and show your
    > >expired ticket, they will get you a new one.  You might try your
    > >examiner, he too can issue you a new one.  I have been getting
    > >licenses and ratings for over 28 years.  The permanent license nearly
    > >always comes in during the last week or two of the temp.

    > Frank:

    > You need to get your facts straight. There are no more GADO’s and designated
    > pilot examiners may NOT reissue expired certificates; only an FAA Inspector
    > can do that.

    > The applicant MUST show up, in person, with a picture id card that looks like
    > the applicant (many do not, like driver licenses issued years ago…these
    > won’t work), at any FSDO.  Try to do it early in the day and give yourself
    > some time; your status MUST be verified with the Airman Certification

    What am I missing here?? I wasn’t aware that FAA issued Airman
    Certificates ever expired in the U.S.  In fact, I have read they *don’t*
    expire, that only the medical certificate expires here in the U.S.

    Jerry Bransford
    PP-ASEL, KC6TAY, C.A.P.
    The Zen hotdog… make me one with everything!

  12. admin says:

    - Hide quoted text — Show quoted text -

    Jerry Bransford <jer…@cts.com> wrote:
    >Jim Wilkinson wrote:

    >> In article <4q15sv$…@liberator.concentric.net>,
    >>    es…@cris.com (Frank) wrote:
    >> >djtay…@cix.compulink.co.uk ("David Taylor") wrote:

    >> >As far as your ticket.  Go to your local GADO or FSDO and show your
    >> >expired ticket, they will get you a new one.  You might try your
    >> >examiner, he too can issue you a new one.  I have been getting
    >> >licenses and ratings for over 28 years.  The permanent license nearly
    >> >always comes in during the last week or two of the temp.

    >> Frank:

    >> You need to get your facts straight. There are no more GADO’s and designated
    >> pilot examiners may NOT reissue expired certificates; only an FAA Inspector
    >> can do that.
    [snip]

    >What am I missing here?? I wasn’t aware that FAA issued Airman
    >Certificates ever expired in the U.S.  In fact, I have read they *don’t*
    >expire, that only the medical certificate expires here in the U.S.

    Didn’t see the beginning of this so I don’t know what kind of certificate
    we are talking about….  but temporary certificates DO expire.

    Curtis

  13. admin says:

    > If you can maintain VFR separation from the clouds and have the required
    > visibility, then yes, you can climb through a hole to VFR on top.  It is
    > legal in the US to fly VFR above a solid cloud layer.  The jury is still

    This is getting complex!  There is a suggestion that with a FAA license
    on granted on the basis of a CAA licence that this isn’t legal.  Anyone,
    absolutely and intimlately involved with the FAR’s like to answer this
    one?

    > would recommend that you contact your DE (the guy who gave you the test)
    > and tell him that you still haven’t received your certificate.  He can

    I’ve phoned them and they said it’s normal, it will take ages – I thought
    the CAA were slow!

    Cheers

    David.

  14. admin says:

    On Wed, 19 Jun 1996, David Taylor wrote:
    > This is getting complex!  There is a suggestion that with a FAA license
    > on granted on the basis of a CAA licence that this isn’t legal.  Anyone,
    > absolutely and intimlately involved with the FAR’s like to answer this
    > one?

    < various snips for brevity >

    I think you will find that the FAA license allows exactly the priveleges
    allowed to ANY holder of the FAA license or certificate, once it is issued.
    The path followed to obtain it is absolutely irrelevant at that point.
    FAA license/certificate operating in FAA jurisdiction follow FAA regs.
    CAA license/certificate operating in CAA jurisdiction follow CAA regs.
    No problem.
    John

  15. admin says:

    In article <Dt9E9C….@cix.compulink.co.uk>,
       djtay…@cix.compulink.co.uk ("David Taylor") wrote:

    >> If you can maintain VFR separation from the clouds and have the required
    >> visibility, then yes, you can climb through a hole to VFR on top.  It is
    >> legal in the US to fly VFR above a solid cloud layer.  The jury is still

    >This is getting complex!  There is a suggestion that with a FAA license
    >on granted on the basis of a CAA licence that this isn’t legal.  Anyone,
    >absolutely and intimlately involved with the FAR’s like to answer this
    >one?

            All US pilot certificate issued on the basis of a foreign pilot
    license (only to member-states belonging to ICAO) are issued with the
    following restriction: "All restrictions and limitations on the [ original ]
    license apply."  What this means is that, if you can’t do it there, you can’t
    do it here.

    >> would recommend that you contact your DE (the guy who gave you the test)
    >> and tell him that you still haven’t received your certificate.  He can

    >I’ve phoned them and they said it’s normal, it will take ages

            It takes about 3 months for a permanent certificate to be issued.  
    It’s a while.

    Jim Wilkinson
    FAA Ops Inspector
    Long Beach FSDO
    310-420-1755
    e-mail: james.m.wilkin…@mail.hq.faa.gov
    [The opinions expressed herein are not necessarily
    those of the writer OR his most patient employer!]

  16. admin says:

    In article <Pine.SOL.3.91.960620105000.14707u@reliant>,
       "John R. Johnson" <j…@siu.edu> wrote:

    >On Wed, 19 Jun 1996, David Taylor wrote:

    >I think you will find that the FAA license allows exactly the priveleges
    >allowed to ANY holder of the FAA license or certificate, once it is issued.
    >The path followed to obtain it is absolutely irrelevant at that point.
    >FAA license/certificate operating in FAA jurisdiction follow FAA regs.
    >CAA license/certificate operating in CAA jurisdiction follow CAA regs.

    Not true, John.  See my other posts on this subject.  There ARE limitations on
    US pilot certificates issued on the basis of foreign licenses.

    Jim Wilkinson
    FAA Ops Inspector
    Long Beach FSDO
    310-420-1755
    e-mail: james.m.wilkin…@mail.hq.faa.gov
    [The opinions expressed herein are not necessarily
    those of the writer OR his most patient employer!]

  17. admin says:

    My original thread related to a Temporary A.C. which lasts for 120 days.

    I’m in the UK so popping along to my local FSDO is a rather expensive
    trip!

    David.

  18. admin says:

    Jim Wilkinson (jam…@microsys.net) wrote:

    :       All US pilot certificate issued on the basis of a foreign pilot
    : license (only to member-states belonging to ICAO) are issued with the
    : following restriction: "All restrictions and limitations on the [ original]
    : license apply." What this means is that if you can’t do it there, you can’t
    : do it here.

    But what is the difference between "restrictions and limitations on the
    [original] license" and a difference in the rules regarding operations of
    an aircraft?  If you can’t do it because of a limit on your certificate,
    it’s one thing; if it’s because of a difference in the rules of
    operation, it’s another.

    Flying VFR above a cloud deck is regulated (or not) in Part 91, it is not
    tied to my license. In contrast, my license does limit me to Part 91
    operations (private pilot,) single engine land, VFR only.

    I would expect that persons operating in this country are expected to
    follow the rules of Part 91, not the rules of their home country.

    Gerry


      Gerry Caron               "Opinions are mine, not my employer’s."
      gca…@rt66.com            PH: 800-328-1995 or 505-884-2321
      Terra Corp.  ABQ           FAX: 505-884-2384

  19. admin says:

    On 24 Jun 1996 09:28:55 -0600, gca…@mack.rt66.com (Terra Corp.) wrote in
    rec.aviation.piloting:

    - Hide quoted text — Show quoted text -

    >Jim Wilkinson (jam…@microsys.net) wrote:

    >:   All US pilot certificate issued on the basis of a foreign pilot
    >: license (only to member-states belonging to ICAO) are issued with the
    >: following restriction: "All restrictions and limitations on the [ original]
    >: license apply." What this means is that if you can’t do it there, you can’t
    >: do it here.

    >But what is the difference between "restrictions and limitations on the
    >[original] license" and a difference in the rules regarding operations of
    >an aircraft?  If you can’t do it because of a limit on your certificate,
    >it’s one thing; if it’s because of a difference in the rules of
    >operation, it’s another.

    >Flying VFR above a cloud deck is regulated (or not) in Part 91, it is not
    >tied to my license. In contrast, my license does limit me to Part 91
    >operations (private pilot,) single engine land, VFR only.

    >I would expect that persons operating in this country are expected to
    >follow the rules of Part 91, not the rules of their home country.

    That’s exactly why the rule exists– there are some countries that place
    restrictions on their license that apply even while outside their
    sovereign airspace.  For example, a Canadian private pilot is not allowed
    to fly at night unless the license is specifically endorsed for night
    flight.  If a non-night-rated Canadian pilot was to get an FAA license
    based simply on his Canadian license, it would *also* be limited to
    day-only flight, even though night VFR is a basic privilege of the U.S.
    private license.


    Chris Rasley   <http://www.mi.net/dialin/cpr>
    Moncton, New Brunswick, Canada.  High-Enroute ATC (CZQM), PP-ASEL

  20. admin says:

    >Yes, it is legal as long as you maintain VFR.  That means you must

    :>remain the VFR distances from the clouds that created the hole.  Once
    :>on top, you must remain VFR also, with respect to the cloud tops.
    :>Alway remember, you don’t want to be too close to the tops or bottoms,
    :>since I may be climbing through the clouds with my B-767 at rates in
    :>excess of 4000 fpm at speeds of .80 Mach.  Another important thing:
    :>Holes tend to close rapidly.  I have heard many of general aviation
    :>pilot *stuck* on top – lost.  Those that try to get down tend to find
    :>the bottoms are no longer at 2 or 3 thousand feet, they are now down
    :>to 200 feet.  Many of general aviation pilot has plowed holes into the
    :>ground by developing vertigo.  I would recommend you keep training,
    :>get that instrument ticket.  That way when you go VFR and a hole
    :>closes in on you, or you can’t out climb the tops, or the bottoms suck
    :>down to CAT 1 mins. you can still get down in one piece.

    That’s exactly why the old-timers used to call those gaps in the clouds

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