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Skimming cloud tops - is it illegal?

AIUI the requirement for 1000ft separation from cloud, normal for VFR, is waived during daytime for aircraft at or below 3000ft AGL and at a speed of less than 140kts.

So above 3000ft or above 140kt, doing this



is illegal

Administrator
Shoreham EGKA, United Kingdom

The speed is irrelevant. The requirement for cloud separation does not apply in class G airspace with the surface in sight. Perhaps there was a hole just out of shot? :)

Great video, Peter. That “Blue Danube” theme seems to be loved by all aviator movie makers …

from 1:10 on



EDxx, Germany

Hmmmm…… I suspect I know that pilot ;-)

It depends where the vid was taken and if, indeed, that was VFR (it sure looks like it).

In the US it would be legal, if:
- below 1200 ft AGL in Class G
- in Class B

Speed, at least in the US, doesn’t come into the equation (other than the 200kt limit in various situations)

bookworm wrote:

The requirement for cloud separation does not apply in class G airspace with the surface in sight.

Really?? I thought this was only if below 3000ft (in the UK)

Of course in the UK you could just self-declare IFR if appropriately rated…

Last Edited by AnthonyQ at 17 May 06:39
YPJT, United Arab Emirates

140 kts is the limit only if the visibility is lower than 5 km. Otervise it is 250 kts (below 10k)

The elephant is the circulation
ENVA ENOP ENMO, Norway

I knew this would be complicated

I could never remember these rules, for CAA or FAA, and worked on the basis that those questions don’t count for too much of the exam.

Also I don’t think you can get busted for a video because you can just say you didn’t make it. Same with forum posts – they are deniable.

Administrator
Shoreham EGKA, United Kingdom

Legalities notwithstanding, AIUI the rationale for differing cloud clearance requirements is all about probability of IFR traffic emerging from the clouds and ensuring adequate time for each aircraft to spot and evade the other…. On that basis the self-declared IFR solution I mentioned above actually completely defeats that principle…

YPJT, United Arab Emirates

I agree, but we have what we have in Class G (“IVFR” is BTW not limited to the UK; it is reportedly hugely popular in a lot of places) and I would add that 90% of planes are never spotted even if you have TCAS and have four sharp-eyed observers in your plane knowing roughly where to look

Fortunately the traffic density above say 3000ft is close to zero compared to what it is below 2000ft in say the SE UK. Also IMHO practically all the pilots who fly “that high” have transponders; the “civil liberties” argument tends to be popular lower down.

Administrator
Shoreham EGKA, United Kingdom

AnthonyQ wrote:

Really?? I thought this was only if below 3000ft (in the UK)

What I meant was:

At and above 3000 ft amsl, cloud separation is always required.
Below 3000 ft, cloud separation is not required if the surface is in sight.

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