special vfr

[patmike]

i have been through all of the books sub paragraphs and one reg referring to another and i can't find a definitive answer to the question, can a student pilot request a special vfr clearance in class d airspace.
being the student pilot if i couldn't see the blue sky above and the horizon i'm staying home. but i'm studying for my pre solo test and can't find anything the says yes or no
thanks
Pat

 

[Jim Logajan]

This type of interpretation drives me insane. The regulation is clear. Student pilots need to have visual reference to the surface. If they had wanted to prohibit flight above clouds, they could have done so quite easily.

So now, the Chief Counsel effectively bypasses notice-and-comment rule-making process in the APA to (effectively) change the regulations, yet for those who don't follow the day-to-day releases of the pronouncements from His Excellency, the Chief Counsel, they look at 14CFR and see a rather clearly worded regulation and operate under the terms of that regulation, and get busted for it.

Fortunately the Chief Counsel isn't the final judge. They can publish their interpretations to their heart's content - that doesn't make those interpretations regulations or the law.