Aero-Tips!
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Aero-Tips 07.11.06
An Aero-Tips reader writes:
1) Can you legally file and fly an instrument flight plan in
a non-IFR certified airplane in VFR conditions? Let's make it a
certified airplane, but NOT IFR certified, however, it has all the
equipment for IFR flight required by FAR 91.205(d)
The guys at center and tracon would rather you file IFR, but
is it legal. It is easier on them and us than flight following or a
visual flight plan.
2) Same question as (1) above, only with an experimental
aircraft that is not certified IFR. It also has all the equipment
required by FAR 91.205(d) for IFR flight.
The pilot in both cases is current commercial and instrument
qualified.
Dear reader:
Question (1): IFR certification consists
of:
- Federal certification of the type design for Instrument Flight
Rules flight;
- All equipment required by FAR 91.205, as you state.
- Current (30-day) VOR check, if VOR navigation is to be
used.
- Current (24-month) static system certification.
- Current (24-month) transponder certification.
Note: The transponder certification is
required for flight in Class A, B, C, and other airspace as
specified by FAR 91.215
whether the airplane is flown VFR or IFR.
By "not IFR certified" you most likely mean that the static
system check is not current. FAR 91.411 clearly states that--
- No person may operate an airplane, or helicopter, in controlled
airspace under IFR unless…Within the preceding 24 calendar
months, each static pressure system, each altimeter instrument, and
each automatic pressure altitude reporting system has been tested
and inspected and found to comply with appendix E of part 43 of
this chapter...
Since the FAR references flight "under IFR" and not flight "in
Instrument Meteorological Conditions", and since your question
presupposes that the flight will take place in airspace under ATC
control, the answer to your first question appears to be "no, you
cannot operate such an airplane on an IFR flight plan even if the
flight remains in visual conditions."
Question (2): If the experimental aircraft is
not approved for IFR under its Experimental certification, FAR 91.319d(2) states you
cannot fly it on an IFR flight plan regardless of installed
equipment or actual weather conditions. So the answer in this case
is also "no, you cannot fly such an airplane on an IFR flight plan
regardless of weather conditions."
It may be slightly easier for Air Traffic Control to handle you
as an IFR flight than it is under flight following on a filed VFR
flight plan, but even if that's the case the FAR specify what it
takes to fly IFR in controlled airspace regardless of weather
conditions. It takes aircraft and equipment
certification…and pilot rating and currency as well.
Aero-tip of the day: Know what ATC can order
you to do-and what remains your responsibility as
Pilot-in-Command.