Requirement to fly departure procedures

"Steven P. McNicoll" wrote:

wrote in message
...

That's all good except they can't clear you to maintain 4,000' in an area
where
their MVA is higher. They can clear you to climb VFR to maintain their
MVA, or
higher.


Why would the tower clear you to climb VFR to the MVA? Why would you
request it?

Beats me. Hilton was the one that brought that subject up, not me.

wrote:
Why would the tower clear you to climb VFR to the MVA? Why would you
request it?

Beats me. Hilton was the one that brought that subject up, not me.

The situation I gave was an IFR flight. I do it often, works every time.

Hilton

wrote in message
...

Beats me. Hilton was the one that brought that subject up, not me.


It was you that wrote; "That's all good except they can't clear you to
maintain 4,000' in an area where
their MVA is higher. They can clear you to climb VFR to maintain their MVA,
or higher." So, again, why would the tower clear you to climb VFR to the
MVA? Why would you request it?

wrote in message
...

I was always under the assumption that if my atc clearance received on
the ground was direct to a fix, I was free to forgo the departure
procedure and do an immediate turn after takeoff. I note that FAR
91.129, Operations in class D airspace states that:

"(g) Departures. No person may operate an aircraft departing from an
airport except in compliance with the following:
(1) Each pilot must comply with any departure procedures established
for that airport by the FAA."

So how, on a good weather delay, can one avoid flying the departure
procedure? Note the word "established" vice "assigned"


I assume you meant "good weather day". Remember that FAR 91.129(a) states,
"Unless otherwise authorized or required by the ATC facility having
jurisdiction over the Class D airspace area, each person operating an
aircraft in Class D airspace must comply with the applicable provisions of
this section." If ATC clears you direct to a fix, you have been "otherwise
authorized or required".