Special VFR
 

I read FAR and AIM and I don't see minimum pilot qualification in order to request Special VFR. Perhaps I missed it so someone can correct me but only pilot requirement I see is for sunset to sunrise where Instrument rating is required. It's common sense that Student Pilot should not request Special VFR when solo but if FAR does not state min Pilot Qualifications, what stops a student to request Special VFR?

As far as I'm concerned a student pilot can. All it says is that instrument is required for special VFR at night. During the day 1SM and clear of clouds... anyone else?

Hopefully your CFI. If the wx is that bad you're probably below solo mins for most schools.

I agree with you. Student pilot should not be that situation where he needs Special VFR to return home. However many of us know that this is not always the case.

So back to my original question. If student were to return to base airport and found that weather was way below what the CFI and student forcasted, can the student request Special VFR?

Sec. 91.157 - Special VFR weather minimums.

(a) Except as provided in appendix D, section 3, of this part, special VFR operations may be conducted under the weather minimums and requirements of this section, instead of those contained in §91.155, below 10,000 feet MSL within the airspace contained by the upward extension of the lateral boundaries of the controlled airspace designated to the surface for an airport.

(b) Special VFR operations may only be conducted --

(1) With an ATC clearance;

(2) Clear of clouds;

(3) Except for helicopters, when flight visibility is at least 1 statute mile; and

(4) Except for helicopters, between sunrise and sunset (or in Alaska, when the sun is 6 degrees or more below the horizon) unless --

(i) The person being granted the ATC clearance meets the applicable requirements for instrument flight under part 61 of this chapter; and

(ii) The aircraft is equipped as required in §91.205(d).

(c) No person may take off or land an aircraft (other than a helicopter) under special VFR --

(1) Unless ground visibility is at least 1 statute mile; or

(2) If ground visibility is not reported, unless flight visibility is at least 1 statute mile. For the purposes of this paragraph, the term flight visibility includes the visibility from the cockpit of an aircraft in takeoff position if:

(i) The flight is conducted under this part 91; and

(ii) The airport at which the aircraft is located is a satellite airport that does not have weather reporting capabilities.

(d) The determination of visibility by a pilot in accordance with paragraph (c)(2) of this section is not an official weather report or an official ground visibility report.

So your answer is no.

Sec. 61.65 - Instrument rating requirements.

(a) General. A person who applies for an instrument rating must:

(1) Hold at least a current private pilot certificate with an airplane, helicopter, or powered-lift rating appropriate to the instrument rating sought;

(2) Be able to read, speak, write, and understand the English language. If the applicant is unable to meet any of these requirements due to a medical condition, the Administrator may place such operating limitations on the applicant's pilot certificate as are necessary for the safe operation of the aircraft;

(3) Receive and log ground training from an authorized instructor or accomplish a home-study course of training on the aeronautical knowledge areas of paragraph (b) of this section that apply to the instrument rating sought;

(4) Receive a logbook or training record endorsement from an authorized instructor certifying that the person is prepared to take the required knowledge test;

(5) Receive and log training on the areas of operation of paragraph (c) of this section from an authorized instructor in an aircraft, flight simulator, or flight training device that represents an airplane, helicopter, or powered-lift appropriate to the instrument rating sought;

(6) Receive a logbook or training record endorsement from an authorized instructor certifying that the person is prepared to take the required practical test;

(7) Pass the required knowledge test on the aeronautical knowledge areas of paragraph (b) of this section; however, an applicant is not required to take another knowledge test when that person already holds an instrument rating; and

(8) Pass the required practical test on the areas of operation in paragraph (c) of this section in --

(i) An airplane, helicopter, or powered-lift appropriate to the rating sought; or

(ii) A flight simulator or a flight training device appropriate to the rating sought and for the specific maneuver or instrument approach procedure performed. If an approved flight training device is used for the practical test, the instrument approach procedures conducted in that flight training device are limited to one precision and one nonprecision approach, provided the flight training device is approved for the procedure performed.

(b) Aeronautical knowledge. A person who applies for an instrument rating must have received and logged ground training from an authorized instructor or accomplished a home-study course on the following aeronautical knowledge areas that apply to the instrument rating sought:

(1) Federal Aviation Regulations of this chapter that apply to flight operations under IFR;

(2) Appropriate information that applies to flight operations under IFR in the "Aeronautical Information Manual;"

(3) Air traffic control system and procedures for instrument flight operations;

(4) IFR navigation and approaches by use of navigation systems;

(5) Use of IFR en route and instrument approach procedure charts;

(6) Procurement and use of aviation weather reports and forecasts and the elements of forecasting weather trends based on that information and personal observation of weather conditions;

(7) Safe and efficient operation of aircraft under instrument flight rules and conditions;

(8) Recognition of critical weather situations and windshear avoidance;

(9) Aeronautical decision making and judgment; and

(10) Crew resource management, including crew communication and coordination.

(c) Flight proficiency. A person who applies for an instrument rating must receive and log training from an authorized instructor in an aircraft, or in a flight simulator or flight training device, in accordance with paragraph (e) of this section, that includes the following areas of operation:

(1) Preflight preparation;

(2) Preflight procedures;

(3) Air traffic control clearances and procedures;

(4) Flight by reference to instruments;

(5) Navigation systems;

(6) Instrument approach procedures;

(7) Emergency operations; and

(8) Postflight procedures.

(d) Aeronautical experience. A person who applies for an instrument rating must have logged the following:

(1) At least 50 hours of cross-country flight time as pilot in command, of which at least 10 hours must be in airplanes for an instrument -- airplane rating; and

(2) A total of 40 hours of actual or simulated instrument time on the areas of operation of this section, to include --

(i) At least 15 hours of instrument flight training from an authorized instructor in the aircraft category for which the instrument rating is sought;

(ii) At least 3 hours of instrument training that is appropriate to the instrument rating sought from an authorized instructor in preparation for the practical test within the 60 days preceding the date of the test;

(iii) For an instrument -- airplane rating, instrument training on cross- country flight procedures specific to airplanes that includes at least one cross-country flight in an airplane that is performed under IFR, and consists of --

(A) A distance of at least 250 nautical miles along airways or ATC-directed routing;

(B) An instrument approach at each airport; and

(C) Three different kinds of approaches with the use of navigation systems;

(iv) For an instrument -- helicopter rating, instrument training specific to helicopters on cross-country flight procedures that includes at least one cross-country flight in a helicopter that is performed under IFR, and consists of --

(A) A distance of at least 100 nautical miles along airways or ATC-directed routing;

(B) An instrument approach at each airport; and

(C) Three different kinds of approaches with the use of navigation systems; and

(v) For an instrument -- powered-lift rating, instrument training specific to a powered-lift on cross-country flight procedures that includes at least one cross-country flight in a powered-lift that is performed under IFR and consists of --

(A) A distance of at least 250 nautical miles along airways or ATC-directed routing;

(B) An instrument approach at each airport; and

(C) Three different kinds of approaches with the use of navigation systems.

(e) Use of flight simulators or flight training devices. If the instrument training was provided by an authorized instructor in a flight simulator or flight training device --

(1) A maximum of 30 hours may be performed in that flight simulator or flight training device if the training was accomplished in accordance with part 142 of this chapter; or

(2) A maximum of 20 hours may be performed in that flight simulator or flight training device if the training was not accomplished in accordance with part 142 of this chapter.

A smart CFI will put weather limits on his solo endorement. No way a student pilot should be doing special VFR except for maybe in the local pattern under very close CFI supervision. As a "way to get home"? No way.

I absolutely agree that a student pilot should not request special VFR. But from the reg quoted above, a student pilot MAY as long as it's between sunrise and sunset. Unless of course the endorsement has limits on it like de727ups said. If no limits on the endorsement, I believe you'd be legal to do it. Stupid, but legal.

Slice,

You just quoted minimum qualification from Sunset to Sunrise, which is Instrument rating. No where on your Regulartion quote do I see minimum pilot qualifications on Day flight.

You're right, I missed the night part. Oh well, my CFI and student pilot days are long behind me...

Try 61.89(a)(6)
A student pilot may not act as pilot in command of an aircraft: with a flight or surface visibility of less than 3 statute miles during daylight hours...

Now, that doesn't blanket prohibit special VFR, but your "Student Special VFR" is now limited to 3 miles and clear of clouds.

Far 61.89
 

I think no.
FAR 61.89 (6) indicates a student pilot cannot circumvent the 3 SM regulation (by SVFR)

A student pilot may not do SVFR. Link the regs togeter.

How is a student pilot going to qualify as a private pilot?

Seriously. I'm a student pilot, and if it's below VFR minimums I dont fly, hands down, even if I could I wouldn't. When I get my license I don't think I will put myself in that position. Granted I don't make the weather, but still...In my opinion, if you're requesting SVFR you should have an instrument rating.

That's for night SVFR which was can all agree disqualifies even private pilots without an instrument rating.

On the student pilot issue, the only relevant regulation I know of is the one that requires at least 3 miles visibility and visual contact with the surface. So long as a student pilot can meet those limitations, I see nothing the the regs to prohibit it.

Less that 500' below the clouds with 50 miles visibility to enter Class D airspace and land? Sure. Why not.

FWIW, though, the answer when the question comes up on a CFI FIRC quiz is "no." I've had a discussion with this with Gleim and the theory (other than "the guy at the FSDO who okays the test makes us do it this way") seems to be that unless you are permitted to do everything that you are permitted to do under the clearance, you can't of any of it.

A solo student pilot MAY be given a special VFR clearance, however they still need to have 3SM inflight visibility, so it kind of becomes a moot point... UNLESS they need the SVFR due to cloud bases. (Such as very low overcast).

Simply put, there's no prohibition on a Student Pilot asking for or accepting/being given an SVFR, however all of the applicable rules apply, including 61.89(a)(6):

So the bottom line is:

Your CFI is an idiot for letting you fly in such low weather conditions.

Your judgement is somewhat suspect for flying in them.

You can't do it legally unless you have 3sm vis.

You can always operate under the emergency authority of 91.3, if the sky is falling and you can't go anywhere else.

..although you can still be violated if your own actions caused the emergency.

§61.89 General limitations.

(a) A student pilot may not act as pilot in command of an aircraft:
(1) That is carrying a passenger;
(2) That is carrying property for compensation or hire;
(3) For compensation or hire;
(4) In furtherance of a business;
(5) On an international flight, except that a student pilot may make solo training flights from Haines, Gustavus, or Juneau, Alaska, to White Horse, Yukon, Canada, and return over the province of British Columbia;
(6) With a flight or surface visibility of less than 3 statute miles during daylight hours or 5 statute miles at night;
(7) When the flight cannot be made with visual reference to the surface; or
(8) In a manner contrary to any limitations placed in the pilot's logbook by an authorized instructor.
(b) A student pilot may not act as a required pilot flight crewmember on any aircraft for which more than one pilot is required by the type certificate of the aircraft or regulations under which the flight is conducted, except when receiving flight training from an authorized instructor on board an airship, and no person other than a required flight crewmember is carried on the aircraft.
(c) A student pilot seeking a sport pilot certificate must comply with the provisions of paragraphs (a) and (b) of this section and may not act as pilot in command—
(1) Of an aircraft other than a light-sport aircraft;
(2) At night;
(3) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, whichever is higher;
(4) In Class B, C, and D airspace, at an airport located in Class B, C, or D airspace, and to, from, through, or on an airport having an operational control tower without having received the ground and flight training specified in §61.94 and an endorsement from an authorized instructor;
(5) Of a light-sport aircraft without having received the applicable ground training, flight training, and instructor endorsements specified in §61.327 (a) and (b).