Narrative:

During preflight for an IFR flight from rdu to HHH, I discovered that there were no AWOS-3 or private accredited WX observer available in HHH. I called my dispatcher and he referred me to section 3, page 24 of our flight manual, part 1 (#15 paragraph B). My dispatcher argued that according to this reference I was legal to be dispatched on an IFR flight to HHH. I then brought to dispatch's attention C64, paragraph D of our flight manual. I interpret this to mean that I could not land in HHH until I received current WX in HHH via AWOS-3 or an accredited WX observer. (At the time of preflight planning, both these services were unavailable and would not be available for landing.) after further discussions with my base manager and dispatch, I was led to believe that since the WX forecast for HHH indicated VFR I could cancel IFR once HHH was in sight. I agreed to do the flight. Dispatch called us via radio before we taxied out of rdu with current HHH WX. We were also able to get current HHH WX upon reaching HHH from the WX observer. Although I do not think any FARS were violated, after rereading C64 paragraph D I believe that I would have not been legal if dispatch had not found a WX observer in HHH. I came to this conclusion because paragraph D states that IFR operations require either AWOS-3 or a WX observer in HHH. The dispatch release I signed was for an IFR flight from rdu to HHH. Which at the time of preflight could not be done (no AWOS-3 or WX observer).

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Original NASA ASRS Text

Title: CREW QUESTIONS LEGALITY OF BEING DISPATCHED TO 49J WITH NO AWOS-3 OR WX OBSERVER AVAILABLE.

Narrative: DURING PREFLT FOR AN IFR FLT FROM RDU TO HHH, I DISCOVERED THAT THERE WERE NO AWOS-3 OR PRIVATE ACCREDITED WX OBSERVER AVAILABLE IN HHH. I CALLED MY DISPATCHER AND HE REFERRED ME TO SECTION 3, PAGE 24 OF OUR FLT MANUAL, PART 1 (#15 PARAGRAPH B). MY DISPATCHER ARGUED THAT ACCORDING TO THIS REF I WAS LEGAL TO BE DISPATCHED ON AN IFR FLT TO HHH. I THEN BROUGHT TO DISPATCH'S ATTN C64, PARAGRAPH D OF OUR FLT MANUAL. I INTERPRET THIS TO MEAN THAT I COULD NOT LAND IN HHH UNTIL I RECEIVED CURRENT WX IN HHH VIA AWOS-3 OR AN ACCREDITED WX OBSERVER. (AT THE TIME OF PREFLT PLANNING, BOTH THESE SVCS WERE UNAVAILABLE AND WOULD NOT BE AVAILABLE FOR LNDG.) AFTER FURTHER DISCUSSIONS WITH MY BASE MGR AND DISPATCH, I WAS LED TO BELIEVE THAT SINCE THE WX FORECAST FOR HHH INDICATED VFR I COULD CANCEL IFR ONCE HHH WAS IN SIGHT. I AGREED TO DO THE FLT. DISPATCH CALLED US VIA RADIO BEFORE WE TAXIED OUT OF RDU WITH CURRENT HHH WX. WE WERE ALSO ABLE TO GET CURRENT HHH WX UPON REACHING HHH FROM THE WX OBSERVER. ALTHOUGH I DO NOT THINK ANY FARS WERE VIOLATED, AFTER REREADING C64 PARAGRAPH D I BELIEVE THAT I WOULD HAVE NOT BEEN LEGAL IF DISPATCH HAD NOT FOUND A WX OBSERVER IN HHH. I CAME TO THIS CONCLUSION BECAUSE PARAGRAPH D STATES THAT IFR OPS REQUIRE EITHER AWOS-3 OR A WX OBSERVER IN HHH. THE DISPATCH RELEASE I SIGNED WAS FOR AN IFR FLT FROM RDU TO HHH. WHICH AT THE TIME OF PREFLT COULD NOT BE DONE (NO AWOS-3 OR WX OBSERVER).

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.