AOPA Pilot Magazine - June 2015 - 22

PILOT COUNSEL

IFR to a VFR airport

BY JOHN S. YODICE

Remember to file an alternate
A HELPFUL RECENT interpretation by the FAA's chief
counsel reminds instrument pilots that we may legally
file an IFR flight plan to a destination airport that does
not have an instrument approach procedure. It reminds
us that, if we do so, we must include an alternate airport
on the IFR flight plan. Here is what the interpretation
says: "14 CFR 91.169 requires that each person filing an
IFR flight plan must include 1) information required
under 91.153 [information required for a VFR flight
plan], and 2) an alternate airport."
The FAA interpretation does not reach the question whether, in all cases where the destination airport
does not have an instrument approach procedure, an
alternate must be included in an IFR flight plan. This
question causes some uncertainty because instrument

The bottom line is, an alternate airport must be
included in every case if the destination airport
does not have an instrument approach procedure.

JOHN S. YODICE

provides legal
counsel to AOPA
members through
the Pilot Protection
Services program.

22 | AOPA PILOT June 2015

pilots are trained to understand that an alternate airport need not be included in the IFR flight plan if certain
good weather is expected at the destination airport at
the estimated time of arrival.
With apologies for the necessary legal gobbledygook that follows, let's get into it. It is the subsection (b)
exception to FAR 91.169 that allows deletion of an alternate airport from an IFR flight plan. Stated affirmatively,
an alternate airport must be included in the IFR flight
plan unless the conditions set out in subsections (b)(1)
and (2) are satisfied. In other words, one does not have
to file an alternate airport if the first airport of intended
landing (designated as the "destination" airport on the
flight plan form) has a standard instrument approach
procedure or a special instrument approach procedureand when weather reports or forecasts indicate that for
at least one hour before and for one hour after arrival,
the ceiling will be at least 2,000 feet above the airport
elevation and the visibility will be at least three statute
miles. One remembers from flight training the memory
device of "1, 2, and 3." For helicopters, at the estimated
time of arrival and for one hour after the estimated time
of arrival, the ceiling will be at least 1,000 feet above the
airport elevation, or at least 400 feet above the lowest
applicable approach minima-whichever is higher-and
the visibility will be at least two statute miles.

But wait. Subsection (a) of FAR 91.169-in simple
and straightforward terms-explicitly requires the
inclusion of an alternate airport in the IFR flight plan,
unless the exception in subsection (b) applies. What
sometimes escapes notice is that by FAR 91.169(b)(1),
the exception in subsection (b) does not apply if the destination airport does not have an instrument approach
procedure. The bottom line is, an alternate airport must
be included in every case if the destination airport does
not have an instrument approach procedure.
Instrument pilots know that if an alternate airport
must be included in the flight plan, then certain IFR
alternate airport weather minimums must be met. The
appropriate weather reports or forecasts, or a combination of them, must indicate that-at the estimated time
of arrival at the alternate airport (not to be confused
with the destination airport)-the ceiling and visibility at that airport will be at or above these minima. If
the alternate airport has an approach procedure, then
the alternate airport minima specified in that approach
apply. If none are specified, the standard approach minima of visibility of two statute miles and ceiling of 600
feet for a precision approach procedure, and 800 feet
for a nonprecision approach procedure, apply. For helicopters, a ceiling 200 feet above the minimum for the
approach to be flown, and visibility at least one statute
mile but never less than the minimum visibility for the
approach to be flown, apply.
If the alternate airport does not have an instrument
approach procedure, then the alternate weather minimums are, to quote FAR 91.169(c)(2), "the ceiling and
visibility minima are those allowing descent from the
MEA, approach, and landing under basic VFR." (See
"Pilot Counsel: VFR Weather Minimums, Parts I and
II," June and July 2013 AOPA Pilot.)
What makes this situation almost academic is if the
weather is expected to be that good at the alternate, it is
likely that the pilot will cancel IFR and proceed to landing at the alternate under VFR. Not academic is that, if
an alternate airport is not included in the flight plan-
and changing weather has the pilot and ATC looking
for an open alternate-the pilot then risks an FAR violation for not having included an alternate in the flight
plan. The risk may be still remote, but easily avoided by
designating an alternate.
AOPA
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AOPA Pilot Magazine - June 2015

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