(b) Special VFR operations may only be conducted—
(1) With an ATC clearance;
(2) Clear of clouds;
(3) Except for helicopters, when flight visibility is at least 1 statute mile; and
(4) Except for helicopters, between sunrise and sunset (or in Alaska, when the sun is 6 degrees or more below the horizon) unless—
(i) The person being granted the ATC clearance meets the applicable requirements for instrument flight under part 61 of this chapter; and
(ii) The aircraft is equipped as required in §91.205(d).
(c) No person may take off or land an aircraft (other than a helicopter) under special VFR—
(1) Unless ground visibility is at least 1 statute mile; or
(2) If ground visibility is not reported, unless flight visibility is at least 1 statute mile. For the purposes of this paragraph, the term flight visibility includes the visibility from the cockpit of an aircraft in takeoff position if:
(i) The flight is conducted under this part 91; and
(ii) The airport at which the aircraft is located is a satellite airport that does not have weather reporting capabilities.
(d) The determination of visibility by a pilot in accordance with paragraph (c)(2) of this section is not an official weather report or an official ground visibility report.
[Amdt. 91–235, 58 FR 51968, Oct. 5, 1993, as amended by Amdt. 91–247, 60 FR 66874, Dec. 27, 1995; Amdt. 91–262, 65 FR 16116, Mar. 24, 2000]