FAR 91.1039 — IFR Approach Minimums
FAR 91.1039 sets IFR takeoff, approach, and landing minimums for fractional ownership program flights, including weather reporting and high-mins rules.
In Plain English
FAR 91.1039 governs IFR takeoff, approach, and landing minimums for fractional ownership program flights under Subpart K. It builds extra safety margins on top of standard Part 97 minimums.
Key requirements:
- Weather reporting required: You can't begin an instrument approach unless the destination or alternate has a weather reporting facility run by the U.S. NWS, an NWS-approved source, or an FAA-approved source. The latest report must include a current local altimeter setting — if none is available at the destination, get it from the source listed on the approach chart.
- Alternate planning: If the destination lacks a qualifying weather reporting facility, you must file an alternate that has one.
- High minimums ("100-and-a-half"): A PIC of a turbine-powered aircraft with fewer than 100 hours PIC in type must add 100 feet to the MDA/DA and ½ statute mile to the visibility, capped at the alternate minimums for that airport.
- Takeoff alternate: If departure weather is below landing minimums, you need an alternate within 1 hour's flying time at normal cruise in still air.
- Minimum takeoff visibility: No takeoff with visibility below 600 feet, unless EFVS is authorized in the management specs.
This matters operationally because it prevents launching or shooting approaches without reliable altimetry, ensures a way out if weather collapses, and adds margin for low-time PICs in jets.
Regulation Text
14 CFR § 91.1039§ 91.1039 IFR takeoff, approach and landing minimums.
(a) No pilot on a program aircraft operating a program flight may begin an instrument approach procedure to an airport unless—
(1) Either that airport or the alternate airport has a weather reporting facility operated by the U.S. National Weather Service, a source approved by the U.S. National Weather Service, or a source approved by the Administrator; and
(2) The latest weather report issued by the weather reporting facility includes a current local altimeter setting for the destination airport. If no local altimeter setting is available at the destination airport, the pilot must obtain the current local altimeter setting from a source provided by the facility designated on the approach chart for the destination airport.
(b) For flight planning purposes, if the destination airport does not have a weather reporting facility described in paragraph (a)(1) of this section, the pilot must designate as an alternate an airport that has a weather reporting facility meeting that criteria.
(c) The MDA or Decision Altitude and visibility landing minimums prescribed in part 97 of this chapter or in the program manager's management specifications are increased by 100 feet andmile respectively, but not to exceed the ceiling and visibility minimums for that airport when used as an alternate airport, for each pilot in command of a turbine-powered aircraft who has not served at least 100 hours as pilot in command in that type of aircraft.
(d) No person may take off an aircraft under IFR from an airport where weather conditions are at or above takeoff minimums but are below authorized IFR landing minimums unless there is an alternate airport within one hour's flying time (at normal cruising speed, in still air) of the airport of departure.
(e) Except as provided in § 91.176 of this chapter, each pilot making an IFR takeoff or approach and landing at an airport must comply with applicable instrument approach procedures and takeoff and landing weather minimums prescribed by the authority having jurisdiction over the airport. In addition, no pilot may take off at that airport when the visibility is less than 600 feet, unless otherwise authorized in the program manager's management specifications for EFVS operations.
[Docket FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA-2013-0485, Amdt. 91-345, 81 FR 90175, Dec. 13, 2016]
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You are flying VFR in Class E airspace at 8,500 feet MSL during the day. What are your minimum visibility and cloud clearance requirements?
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Oral Exam Questions a DPE Might Ask
Q1Under Subpart K, when can you begin an instrument approach to an airport?
Per FAR 91.1039(a), only if the destination or alternate has an NWS, NWS-approved, or FAA-approved weather reporting facility, and the latest report includes a current local altimeter setting (or one obtained from the source listed on the approach chart).
Q2What are the high-minimums requirements for a PIC new to a turbine aircraft?
FAR 91.1039(c) requires a PIC with less than 100 hours PIC in type to add 100 feet to the MDA or DA and ½ statute mile to the required visibility, not exceeding that airport's alternate ceiling and visibility minimums.
Q3Can you depart IFR if the field is below landing minimums, and what's the lowest takeoff visibility allowed?
Yes, but FAR 91.1039(d) requires an alternate within one hour's flying time at normal cruise in still air, and FAR 91.1039(e) prohibits takeoff with visibility below 600 feet unless EFVS operations are authorized in the management specifications.
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Related Sections in Part 91