I was departing the Dallas area IFR the other day and I filed a route that would keep me clear of moderate to heavy precip.
ATC gave me a departure routing that would have sent me right into the weather. I did not accept the clearance. The field was MVFR with 1500 overcast and rain. I departed VFR, headed toward better weather, then turned direct to my destination.
If the field had been IFR, how would you have handled it? Would you respond with "unable" and try to negotiate with clearance delivery for a better route? Or would you accept the clearance and hope to get deviations from Departure Control? I'd appreciate your thoughts.
Side note... the AIM says this...
Section 4. ATC Clearances and Aircraft Separation
ATC gave me a departure routing that would have sent me right into the weather. I did not accept the clearance. The field was MVFR with 1500 overcast and rain. I departed VFR, headed toward better weather, then turned direct to my destination.
If the field had been IFR, how would you have handled it? Would you respond with "unable" and try to negotiate with clearance delivery for a better route? Or would you accept the clearance and hope to get deviations from Departure Control? I'd appreciate your thoughts.
Side note... the AIM says this...
Section 4. ATC Clearances and Aircraft Separation
- Clearance
- A clearance issued by ATC is predicated on known traffic and known physical airport conditions. An ATC clearance means an authorization by ATC, for the purpose of preventing collision between known aircraft, for an aircraft to proceed under specified conditions within controlled airspace. IT IS NOT AUTHORIZATION FOR A PILOT TO DEVIATE FROM ANY RULE, REGULATION, OR MINIMUM ALTITUDE NOR TO CONDUCT UNSAFE OPERATION OF THE AIRCRAFT.
- 14 CFR Section 91.3(a) states: “The pilot-in-command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.” If ATC issues a clearance that would cause a pilot to deviate from a rule or regulation, or in the pilot's opinion, would place the aircraft in jeopardy, IT IS THE PILOT'S RESPONSIBILITY TO REQUEST AN AMENDED CLEARANCE.
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