Legal Interpretations
Thomey-General Dynamics 2010
Summary
The Question
May a pilot descend below DA/DH or MDA with the runway in sight when the reported RVR is below the published minimum for the approach?
Background
The chief pilot of General Dynamics asked how 14 CFR 91.175 applies when a pilot has the runway in sight but the reported runway visual range is less than the approach's published minimum RVR.
The FAA’s Interpretation
Yes. Under 14 CFR 91.175(c), flight visibility from the cockpit, not ground visibility reflected in RVR, is controlling and must be at least the visibility the approach prescribes. A pilot who has determined the flight visibility and has the runway, a listed visual reference under 14 CFR 91.175(c)(3), in sight may continue below DA/DH or MDA, maintaining that flight visibility until touchdown.
- Requester
- Thomey
- Organization
- General Dynamics
- Issued
- September 10, 2010
- Subject
- General Operating & Flight Rules
Regulations Cited
- 14 CFR 91.17
- 14 CFR 91.116
- 14 CFR 91.175
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
SEP 1 0 2010
Mr. Gary Thomey
Chief Pilot
General Dynamics
23800 Wind Sock Drive, Hanger D
Dulles, Va. 20166
Dear Mr. Thomey:
Office of the Chief Counsel 800 Independence Ave ., S.W.
Washington, D.C. 20591
This letter is in response to your May 8, 20 l 0 request for interpretation of 14 C.F.R. § 91.175. You asked whether a pilot may operate an aircraft below a published decision height (DH) or minimum descent altitude (MDA) if the pilot has the runway in sigh~ but the runway visual range (RVR) is reported at less than the published minimum RVR for the approach.
Section 91.175 establishes the conditions that must be present for a pilot to continue operations below decision altitude (DA)/DH or MDA. One of the conditions is that the "flight visibility is not less than the visibility prescribed in the standard instrument approach being used ...." 14 C.F.R. § 91.175(c)(2). Another condition is that one of the visual references in the runway environment listed in the rule must be visible to the pilot See § 91.175(c)(3)(i)-(x). · In determining whether the pilot may operate below DA/DH or MDA, for purposes of § 91.175(c), the flight visibility is controlling. See Legal Interpretation to Larry K. Johnson, from David L. Bennett (Mar. 10, 1986) (addressing this requirement then codified as§ 91.116); see also 46 Fed. Reg. 2280, 2282 (Jan. 8, 1981) (revising the rule to "make it clear that the visibility referred to is the visibility from the aircraft."); Administrator v. Davey, NTSB Order No. EA-1531 (Dec. 12, 1980) ("[C]ontrolling visibility is not ground visibility, as reflected by the RVR values, but rather flight visibility, as measured from the cockpit of the aircraft."). In your letter you note that the pilot "has the runway in sight." Accordingly, the pilot may continue the approach below the authorized DA/DH or MDA because the pilot has determined the flight visibility and the runway, one of the enumerated visual references in§ 91.175(c)(3), is in sight. See§ 91.175(c)(3)(ix). The pilot must maintain this flight visibility from descent below MDA or DA/DH until touchdown. 46 Fed. Reg. 2282.
Page 2
This response was prepared by Dean Griffith, Attorney in the Regulations Division of the Office of the Chief Counsel, and was coordinated with General Aviation and Commercial Division of Flight St~dards Service. Please contact us at (202) 267-3073 if we can be of further assistance.
Sincerely, ·
Rebecca B. MacPherson
Assistant Chief Counsel for Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.