Which Limitations On Approaches/Departures Apply to Part 91 Pilots?
I answered a question on StackExchange about the meaning of Takeoff Minimum NA and indicated that they do not apply to Part 91 pilots, but after thinking about it, I’m not so sure.
§ 91.175 does require a minimum flight visibility, The flight visibility is not less than the visibility prescribed in the standard instrument approach being used; and at least one of the items in the runway environment must be visible in order to continue the approach below DA or DH. We are not bound by reported visibility or ceiling. The charted DA or DH must be complied with as well as the rest of the charted procedure, including circling minimums, direction, etc.
It is well known that takeoff minimums do not apply to Part 91 pilots, we can depart in 0/0 weather, though it might not be advisable. And the reason for that is because § 91.175 (f) Civil airport takeoff minimums. This paragraph applies to persons operating an aircraft under part 121, 125, 129, or 135 of this chapter. does not include Part 91 operators.
Fuel requirements and alternates are specifically spelled out in §91.167 and §91.169 respectively. But I can’t find anything specifically saying that you must comply with any charted limitations.
Often the reason that the runway is not available would make using it a very unwise decision. e.g. terrain or obstacles. On the other hand an unmonitored ground facility when the tower is closed wouldn’t be an issue if you were using GPS to fly the departure.
The AIM 5-2-8 just says,
Pilots operating under 14 CFR Part 91 are strongly encouraged to file and fly a DP at night, during marginal Visual Meteorological Conditions (VMC) and Instrument Meteorological Conditions (IMC), when one is available.
At a towered field with an operating control tower, they are unlikely to allow you to to takeoff under IFR on a runway marked as Takeoff Minimum NA but is there any restriction when the tower is closed or there is no tower?
I’m inclined to think that any charted restriction, noting the exceptions mentioned above, applies to Part 91 pilots. What do you think?