FAA Instrument Flight Instructor (FII)Instrument RegulationsHard
A non-instrument-rated private pilot requests a special VFR clearance to depart a Class D surface area at 2200 local time, with reported ground visibility of 2 statute miles. May ATC issue this clearance?
- ANo, at night the pilot must hold an instrument rating and the aircraft must be equipped for IFR flight
- BYes, as long as the pilot remains clear of clouds throughout the departure
- CYes, since the reported visibility exceeds the 1 SM minimum for Special VFR
- DNo, Special VFR clearances are never authorized during nighttime hours
Show answer & explanationAnswer & explanation
Correct answer: A. No, at night the pilot must hold an instrument rating and the aircraft must be equipped for IFR flight
Under 14 CFR 91.157, a Special VFR clearance may be issued at night only if the pilot holds an instrument rating and the aircraft is equipped for IFR flight. Since this pilot is not instrument-rated, ATC may not issue the clearance regardless of the reported visibility.
Why the other options are wrong
- B. Remaining clear of clouds is a Special VFR requirement but does not override the night instrument-rating rule.
- C. Visibility exceeding 1 SM is necessary but not sufficient; the night instrument-rating requirement is a separate condition.
- D. Special VFR can be authorized at night, but only when the pilot and aircraft meet IFR qualification requirements.
Special VFR at Night (91.157)
Special VFR clearances require ground or flight visibility of at least 1 SM, clear of clouds, and ATC authorization; at night, the pilot must additionally hold an instrument rating and the aircraft must be equipped for IFR flight.
- Minimum 1 SM visibility (ground, or flight if no ground reporting)
- Aircraft must remain clear of clouds
- ATC clearance required to operate under Special VFR
- At night: pilot must be instrument-rated and aircraft IFR-equipped
Memory trick: 'Special VFR by night needs an instrument-rated sight.'