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ATC and ODP

Asked by: 1076 views Airspace, FAA Regulations, Instrument Rating

I've heard some conflicting explanations on this topic, and I'd say the issue is twofold, or n-fold, I'm not quite sure.

Using the example of receiving the following route portion of the clearance for a departure from an uncontrolled airport: "...via direct XYZ VOR then as filed...". The VOR is to the North of the airport but the winds necessitate departing to the south. You're flying the ODP that terminates at the ABC VOR to the south, with a hold until you reach the MEA for a specified airway. Assuming ATC does not vector you off the ODP:

Two issues:

  1. Since going direct to the XYZ VOR takes you off-airway, would you substitute the altitude you received in your clearance for the MEA?
  2. Is there anything assuring terrain clearance on your direct route to the XYZ VOR? I would assume this is not ATC's responsibility as they have not vectored you at this point.

Or am I getting everything wrong and you are supposed to turn direct at 400' AGL? I believed that this was not the case unless you departed a controlled field and were "cleared for takeoff, direct XYZ VOR." However, I've also heard people say that if the airport has no DVA, and seeing as 400' is most definitely below the MVA, this is technically not a vector (even if they had said "cleared for takeoff, turn right heading xxx), and therefore you are solely responsible for obstacle clearance.

I assume you could advise the controller that you were unable to accept this clearance and request the ODP instead, but I've never encountered this personally. I would also assume that they will not be very happy with you if you tell them to standby while you pull out a sectional to figure out if complying with the clearance will take you right into the world's tallest tree. Every person I've encountered has simply done what ATC told them to do.

For day VFR conditions this really isn't that much of an issue, but these ambiguities would (for me, at least) be quite uncomfortable if departing into solid IMC.

1 Answers



  1. John D Collins on Jul 13, 2023

    An ODP may be flown at the pilot’s option before proceeding on course via direct to the VOR XYZ. Assuming this is a random route for which an MEA is not specified, the route between VOR ABC and VOR XYZ will not have an MEA. The clearance will include an assigned altitude to climb and maintain. The altitude will be at or above the MIA for the route. So I would climb to the assigned altitude in the designated holding pattern until reaching the assigned altitude before proceeding on course. Had there been an airway assigned, you could proceed on course once reaching the airway MEA.

    ATC knows there is a published ODP at the airport and is trained to know that it is the pilot option to fly the ODP before turning on course.

    In FAA order 7110.65 (the controller version of the AIM), section 4.-3 covers IFR departure procedures and includes the following quoted items:

    “(1) Departure Procedures (DP). If an aircraft is vectored off a published Standard Instrument Departure (SID) or Obstacle Departure Procedure (ODP), that vector cancels the DP and ATC becomes responsible for separation from terrain and /or obstructions. IFR aircraft must be assigned an altitude.”

    “NOTE− If a published IFR departure procedure is not included in an ATC clearance, compliance with such a procedure is the pilot’s prerogative.”

    So the controller should know all of this. If you have any question regarding the execution of the clearance, it is the pilot’s responsibility to clarify it with ATC.

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