"instrument clearance" by the Airway Traffic Control Center of the Civil Aeronautics Administration in accordance with their practice of approving requested altitudes solely on the basis of other known traffic and without responsibility for terrain clearance, weather conditions, etc. These other factors are covered in the Civil Air Regulations and in the company's operations manual which is submitted to and reviewed by the Adminstrator. The pilot presumably was thoroughly familiar with all these required procedures.[1]
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Civil Air Regulations
Section 61.71080(a) Weather minimums, visual-contact clearance. The hourly weather report sequence and current weather forecasts shall show a trend that gives sufficient indication that the ceilings and visibilities along the route to be flown are and will remain at or above the minimums specified in the air carrier operating certifi- cate until the flight arrives at the point cleared to.
Section 61.741 Instrument flights. Altitudes established for instrument flights by the provisions of section 60.58 ( subsequently amended) shall be strictly adhered to during such flights. Except during take-offs, and final approaches and landings, no instrument flight shall be conducted within 1000 feet above the ground or any obstruction.
Company's Operations Manual
Flight Release—Types and Conditions.
B. Instrument Release.
1. An instrument Release is considered the normal type of Release and will generally be used for all trips regard- less of whether it will be flown contact or on instruments unless there is cause to prevent the issuance thereof ......
2. Weather conditions must be equal to or better than the minimum prescribed in CAR 60 and 61 and in the Competency Section of this Manual for the types of operation to be conducted.
Route Data. Pittsburgh-Birmingham.
C. Minimum Altitudes, Pittsburgh-Morgantown.
Day Contact - 1800 feet.
Night Contact - 2300 feet.
Instrument, Northbound - 3000 feet.
Instrument, Southbound - 3300 feet.
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