
100               SA Flyer 
performance to climb above terrain before a 
collision with the hard stuff.
This scenario is repeated with heart-
rending regularity in the accident reports.  
Unfortunately, the refrain that the 
pilot should not have got himself into 
that predicament in the rst place has no 
merit: A small change in wind speed or 
direction can swiftly change visibility in the 
mountains from unlimited to zero.
WHAT DOES THE LAW SAY?
ICAO’s standards and recommended 
practices, which are applied by most of the 
civilized world, dene VFR ight as being 
where an aircraft is own in conditions of 
visibility and distance from clouds equal 
to or greater than those set out in a table. 
The table covers various airspace types.  
Basically, outside controlled airspace and 
below 1,000 ft AGL or below 3,000 ft MSL, 
the pilot must simply remain clear of cloud 
and in sight of the surface.
Above 1,000 ft AGL or 3,000ft MSL, 
the pilot must maintain a minimum vertical 
distance (above or below) of 1,000 ft from 
cloud and a minimum horizontal distance of 
1,500 m. Visibility must be at least 5 km. 
South African Civil Aviation Regulations 
refer to the same table. However, an AIC 
dated 01-09-15 says that from 1,500 ft AGL 
to FL100 minimum horizontal distance from 
cloud is 2,000 ft and vertical distance 500 
ft. Our Regulations also add the proviso that 
“Every VFR ight shall be conducted so that 
the aircraft is own with visual reference 
to the surface by day and to identiable 
objects by night, and at no time above more 
than three eighths of cloud within a radius 
of ve nautical miles of such aircraft.”
This proviso probably hearkens back to 
the days before ground- or satellite-based 
navigational aids when the pilot was entirely 
dependent upon his compass and visual 
reference to the ground for navigation. 
Although I am a bit of a Luddite when it 
comes to placing too much reliance upon 
GPS for VFR navigation, even the most 
primitive aircraft today is likely to have 
at least hand-held electronic nav-aids 
that were undreamed of just a couple of 
decades ago.
Continual visual reference to the ground 
for navigation purposes is therefore, in my 
view, quaintly obsolete.
THE VFR ON/OVER THE TOP DEBATE
Every new pilot in SA experiences 
a baptism of re on his rst long cross-
country ight between the inland and the 
coast – particularly if the weather gets a bit 
iffy an hour or two into the ight. Student 
pilots only ever y shortish cross-country 
ights in ne weather.
When the weather suddenly turns 
nasty over the escarpment, maintaining 
visual reference with the ground below the 
cloud can be fatal. And if the pilot is caught 
unawares, there is no turning back. He 
and his passengers just become another 
number in the unacceptably long list of 
statistics.
Fortunately, the orographic clouds 
which tend to predominate over the 
escarpment are normally fairly thin 
vertically and follow the terrain quite closely. 
Table Mountain’s famous ‘tablecloth’ is an 
excellent example of orographic cloud with 
which most South Africans are familiar.
To y over the top of such a cloud layer 
is no big deal – other than being illegal. The 
pilot is not going to survive a forced landing 
in those mountains anyway, cloud or no 
cloud.
Of course, there are caveats. Flying 
over several miles of cloud requires that the 
pilot ensures his destination and alternates 
are VMC and that he has sufcient fuel if 
conditions require a change of plan. He also 
needs to be certain that he is not ying into 
convective weather or thunderstorms.
However, with assistance from ATC 
services, as well as real-time satellite, radar 
and airport weather data being available 
on-board, today’s VFR pilot is well-placed 
to make sensible go/no go decisions 
regarding en-route weather changes.
Dare it be said that many, if not most 
VFR pilots safely y in the clear sky over 
the top of a benign overcast anyway, 
despite the regulatory position?
REGULATIONS NEED TO BE UPDATED
Filing IFR would at least legalise taking 
the much safer high road on top of the 
overcast, rather than running the gauntlet of 
horrors in the mountains and murk below.
AOPA-SA lauded SACAA’s initiative a 
few years ago to revise the requirements 
for instrument ratings which would make 
them more accessible to private pilots. After 
all, further training can only benet aviation 
safety. The prospect of GNSS approaches 
at smaller airports would also be a great 
incentive for many pilots to take the step of 
achieving an IF rating and equipping their 
aircraft accordingly.
Alas, these initiatives have been 
limping along very slowly. Additionally, the 
development of instrument approaches at 
smaller airports has been devastated by 
SACAA’s bumbling removal of some 90 
airports from the AIP and those airports’ 
consequent disappearance from GPS and 
FMS databases.
However, a revision of the Visual Flight 
Rules is not affected by these matters. 
Instrument ratings have been shown to be 
of little relevance in trying to address the 
persistent death toll of the most common 
VFR-into-IMC accidents.
AOPA-SA will therefore be studying 
this subject further, as well as considering 
regulations implemented elsewhere, 
developing amended VFR regulations 
and pursuing their promulgation and 
implementation during the course of this 
year.
The answer to this safety question 
seems to be much the same as the answer 
in the famous old Cremora advertisement: 
It’s not inside the clouds and clutter, it’s on 
top.
The refrain that the pilot 
SHOULD NOT HAVE GOT 
HIMSELF INTO THAT 
PREDICAMENT in the rst 
place has no merit.
j