It makes sense to just ask for (or advise, since they are not set in stone) a lower pattern altitude.
But I ran across this regarding deviations:
https://www.law.cornell.edu/cfr/text/14/91.129
Ah, but the key that makes this irrelevant in this instance is the phrase “An operator may deviate from any
provision of this section...”(emphasis added). Again, traffic pattern heights are not regulatory, therefore they are not included in a “provision of this section”.
In my experience, ATC could pretty generally care less how high you are in the pattern, probably at least largely because, as Gary says, it’s pretty hard to judge height or distance from clouds. ive seen instances where the ceiling is fairly close to VFR minimum, and Plane after Plane is obviously rught up there against the cloud bases....obviously trying to comply with recommended TPA, while clearly violating cloud clearance regulations....and ATC made no comment.
Gee Bee is correct that in this context, cloud clearance is determined by the pilot. But the point is, why violate cloud clearance when there is an easy and legal solution?
As to the suggestion that you simply request a Special VFR Clearance, give that a shot next time you’re in VFR conditions at a Delta airspace......I’ve heard that requested, and ATC simply reminded the pilot that “negative, conditions are Basic VFR.”
My exposure to this was during a practical test for a SES add on for one of my students. Weather conditions were as described: ceiling 1100,visibility 10 miles. During the ground portion of the test, the DPE asked the applicant “Can we legally conduct the flight portion of this test in today’s conditions, specifically, how can we legally operate in the pattern and comply with all the regs?” Applicant said ask for SVFR. DPE said won’t work. DPE looked at me and said “Okay, CFI, you answer the question.” I admitted I couldn’t after some thought, and was wishing I hadn’t opted to sit in on this test.
At which point the DPE turned to me and said “Neither do I, so you go over to the tower and ask them, while we keep going on the ground portion of this test.”
I drove over to the tower and rang the bell, the ATC Chief came down from his office and I posed the question to him. He answered that he didn’t know either, but we’d figure it out. It took him a few minutes, but he came up with the solution: fly at a traffic pattern height that keeps you an appropriate distance below the clouds. I asked about a SVFR, and he stated that ATC cannot issue a SVFR Clearance in Basic VFR conditions, and there would be no point in doing so.
I returned to the ongoing practical test, provided the ATC Chief’s answer, and they went flying.
And, the applicant passed.
MTV