Originally Posted by
AKASHA
The way I read it, tracer simply wants reference to a 135 regulation that allows an aircraft to depart a runway and maintain your own obstruction clearance (ie 'see and avoid') rather than fly the published ODP.
I would agree that performing a visual climb over the airport (even if not published) might be one way of maintaining obstruction clearance on your own. But I also suggest that you can fly your own departure path and accomplish the same, as long as you request and receive a clearance to do so.
The change to 91.175 a couple of years ago requires 121 and 135 operators to either use the ODP (or SID if assigned) or use an FAA-approved company departure procedure; such as an OEI path.
ATC really doesn't have much jurisdiction except to the extent such a visual climb would occur at a Class D airport.
I certainly wouldn't want to do visual avoidance on a departure procedure under Part 135 without the advance concurrence of the FSDO holding the certificate.
Part 91 is altogether different. ODPs and takeoff minimums are optional, only SIDs, when assigned, are mandatory.