Aviation > Pilot/Controller Forum
IFR Departure and Return Question
marineman:
Departed tower controlled airport on an IFR flightplan. Weather was IMC. Prior to being switched to departure control, tower informed me of convective weather approaching the airport. While still VMC and with the airport in sight, I told the tower that I would like to return and land. Was issued a landing clearance and landed uneventfully.
Although the airport was officially IFR, was it legal to return in VMC and land without receiving an approach clearance? Note, I never switched to departure and was always "with" the tower. The tower is not a radar facility and therefore couldn't issue a clearance for a contact approach if requested by me. It wouldn't have made sense to ask for a special VFR clearance from the tower while operating on an IFR flightplan. Would have had to cancel IFR with the tower without having a special VFR clearance. Finally, didn't want to switch to departure while continuing away from the airport and eventually becoming IMC with adverse weather inbound.
Comments and Opinions? I can't see where any regs. were violated since it's not all that uncommon to have to return immediately to the departure airport for any number of reasons. Of course, declaring an emergency will always get you off the hook. Didn't do that in this case. No reason to.
Thanks,
marineman
sykocus:
As a controller what happened doesn't sound completely legal. You had already been given an IFR clearance so you were IFR as soon as you took off. It seems either an instrument approach or canceling the IFR and getting a SVFR clearance would be required to allow you to return. I'm sure the controller was trying to help you return as quickly as possible and didn't think though the possible ramifications at the time. I understand the dilemma, but should something have happened it would be hard for the controller to justify allowing you to return to the field visually when the reported conditions are IFR.
That's just my opinion. I'm curious what perspectives there are on it.
marineman:
Thanks for your reply. I was very close to the airport (in sight) when I told the tower controller that I would like to return and land. Very quickly I received a landing clearance followed by my asking if I should squawk VFR or remain on my present code. I never canceled IFR. Was told to remain on the present code and landed uneventfully. Just filed a NASA report, though. I thought of canceling and asking for a Special VFR, but doing that would put me in "no man's land", i.e. operating VFR at a tower controlled airport that is IFR and hoping that the controller will issue me a Special VFR clearance. Other than declaring an emergency I don't know of any other way to immediately return to the departure airport without wondering about the legalities. It happened so quickly and sometimes the best decision won't always leave all the t's crossed and i's dotted.
KSYR-pjr:
--- Quote from: marineman on March 07, 2009, 01:04:33 PM ---Although the airport was officially IFR, was it legal to return in VMC
--- End quote ---
This part of the question is unclear to me. Did you return to the airport visually? If so, what were the approximate visibility and ceiling? As you know, IFR would be 3 miles or less visibility and/or 1,000 feet or less ceiling. Were those the conditions at the airport when you returned?
marineman:
The visibility was less than 3 miles so it was IFR, but I was able to see the aiport and return visually.
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