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7 Answers

Taking off in freezing rain? Legal?

Asked by: 6481 views Aircraft Systems, FAA Regulations, General Aviation, Instrument Rating, Private Pilot, Weather

If tower reports light freezing rain and as pilot in command you determine there's little to no precip (if anything, it's snow and not freezing rain) and nothing is sticking to aircraft.  Can you legally takeoff (part 91) with no decking/driving fluid?

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7 Answers



  1. Kevin D Murphy on Mar 27, 2017

    In all my 40+ years of instructing, I’ve never heard this question. It could be a violation under the “known icing” provision in the FARs. It would DEFINITELY be a violation of common sense.

    In the event an accident occurred, a “careless and reckless” violation would be likely.

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  2. K Edwards on Mar 28, 2017

    Without more information and making several assumptions, this is not legal and I’d say this situation is literally a mishap waiting to happen.

    Your question is more complicated than just “is this legal” and needs context. Was the aircraft certified for flight into icing conditions? How did the PIC determine that “nothing was sticking”? How did the PIC determine that there wasn’t any icing present once airborne if the aircraft wasn’t certified for flight into icing conditions? What was the forecast? Were there any PIREPS from other aircraft? Etc, etc.

    Assuming that you are asking about a GA aircraft (and not one operating under Part 91 sub-part F), there aren’t icing regulations per se, but that is not a free pass because there are other areas which would prohibit flight operations, not to mention it would be a failure of basic PIC decision making.

    Freezing rain is the most serious of icing conditions and can render a light aircraft without airborne anti-ice capabilities un-flyable within in seconds of entry into the icing. Airfoil deformation and significant weight increase will make anyone in this situation a test pilot, flying an aircraft with completely unknown performance. Part 121 operators all have their own approved de-icing programs, and I do not know of any that allow takeoff into freezing rain conditions (and this despite access to ground fluid deicing and all aircraft having airborne engine/wing anti-ice capabilities).

    So, making assumptions that the PIC is in a light GA aircraft, not certified for icing conditions and the local area recently had freezing rain with snow still occurring (this situation would be defined as “icing conditions”), here are a few reasons why this wouldn’t be legal:

    1. First it would be a violation of 91.9, for not complying with the aircraft POH and placards (prohibited flight into icing conditions). GA aircraft POH’s generally all prohibit flight into known icing conditions. Even if the aircraft has some anti-ice capabilities (e.g. wing-boots, prop heat, etc) doesn’t mean it’s certified for flight into icing.

    2. It would be a violation of 91.103, for not becoming familiar with all information available, especially that relating to weather and aircraft performance. If tower reported freezing rain, most likely there is icing in the departure area. Just because the airport surface seems to be acceptable, the flying area nearby could be drastically different. If freezing rain was reported, there is an inversion nearby and you could quickly climb into a freezing rain situation. Also, snow should be considered as potential ice, since it is very difficult to determine the water content and its ability to adhere to the wings.

    3. It would be a violation of 91.13 for operating in a careless and reckless manner for the reasons in #’s 1 and 2.

    Reference circular 91-74B for more information on icing and its seriousness, especially freezing rain.

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  3. JAMES FULKERSON on Mar 28, 2017

    I would disagree on the “known icing” determination in this particular instance due to the gross lack of information. Age of the report, Temperatures, dew point humidity, all missing. You are making an assumption based solely on the existence of a past report. I’m not saying you should disregard the report but take time to factor in all the details first.

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  4. fugae fuit malleator on Mar 28, 2017

    Legality aside for a moment, is freezing rain a risk worth mitigating before you even depart the airfield? And then what if you are already airborne and experience it? In my opinion, known/observed freezing rain is a big risk to take especially if you aren’t even off the ground yet. Remember, we can always fly another day.

    The legal approach reveals a bit of clarity. Provided you meet the “unless” requirements of 91.527 you can depart. Otherwise no.

    Questions I would ask: Does my airplane have icing protection? What kind of icing protection does it have? Is my airplane certified as a transport category? What level of icing is my airplane certified for via my operating manual? Where and what kind is the icing observed/forecasted? PIREPs? What are my contingencies if my icing protection systems fail? Bottom line, is this risk worth my life, my airplane, and/or my passengers/cargo?

    Hope that helps…

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  5. John Adamms on Mar 28, 2017

    91.9 and 91.103 both fully complied with. Aircraft is FIKI approved. Several pireps in the area and none of them reported any kind of icing. Other than maybe not being the smartest decision, would it be legal?

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  6. John Adamms on Mar 28, 2017

    91.9 and 91.103 both fully complied with. Aircraft is FIKI approved. Several pireps in the area and none of them reporting any kind of icing. Other than maybe not being the smartest decision, would it be legal?

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  7. K Edwards on Mar 28, 2017

    OK, thanks for the extra info. Perhaps there is a little terminology confusion…..if “decking/driving fluid” is part of the required fluid for in-flight anti-icing (like the Cirrus system that uses TKS fluid), then yes it is a violation because the fluid is part of the certification to operate in those conditions.

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