When a VFR aircraft, operating below the
minimum altitude for IFR operations, requests an IFR
clearance and you are aware that the pilot is unable to
climb in VFR conditions to the minimum IFR
altitude:
1. Before issuing a clearance, ask if the pilot is
able to maintain terrain and obstruction clearance
during a climb to the minimum IFR altitude.
NOTE−
Pilots of pop−up aircraft are responsible for terrain and
obstacle clearance until reaching minimum instrument
altitude (MIA) or minimum en route altitude (MEA). Pilot
compliance with an approved FAA procedure or an ATC
instruction transfers that responsibility to the FAA;
therefore, do not assign (or imply) specific course guidance
that will (or could) be in effect below the MIA or MEA.
EXAMPLE−
“November Eight Seven Six, are you able to provide your
own terrain and obstruction clearance between your
present altitude and six thousand feet?”
2. If the pilot is able to maintain terrain and
obstruction separation, issue the appropriate clearance
as prescribed in para 4−2−1, Clearance Items,
and para 4−5−6, Minimum En Route Altitudes.
3. If unable to maintain terrain and obstruction
separation, instruct the pilot to maintain VFR and to
state intentions.
4. If appropriate, apply the provisions of
para 10−2−7, VFR Aircraft In Weather Difficulty, or
para 10−2−9, Radar Assistance Techniques, as
necessary.
