Hilton wrote:
: Paul Lynch wrote:
: Please be specific. There is lots of G airspace out west that goes over
: 14K. Granted the weather is not usually IMC in many of those areas, but
: as
: another poster stated, you can file IFR and be IMC without any ATC
: control.

: http://www.ntsb.gov/O_n_O/docs/AVIATION/3935.PDF

: Hilton

I read this, and find it a load of crap. Not that I think it's a good idea to
do what he did (depart into IMC without a clearance under VFR since it was
uncontrolled airspace), his argument is basically sound. Basically, the FAA agreed
that he was legal to do this. They then used the catchall "careless and reckless" to
bust him anyway. He made a valid point saying that if it's illegal to do it, then the
rule should be changed to make it clear. Here's the response:

"With regard to the respondent's assertion that, "[i]f anytime an aircraft enters
clouds in uncontrolled airspace it is careless without a clearance then the FAR's
should be change," we note that it would be neither wise nor possible for the FAA to
attempt to specifically prohibit every form of conduct that it considers careless."

So basically, you have to follow all the rules, but they won't tell you what
they all are. Bottom line is, if you don't have a problem, there won't be a
regulatory problem. But if you have a problem, they'll find a regulator problem.

-Cory

: Hilton wrote:
: max wrote:
: So, where/when can you fly in the clouds (IMC) without an IFR flight
: plan & an ATC clearance?
:
: In class G airspace.
:
: The FAA has ruled that this is in violation of 91.13.
:
: Hilton



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************************************************** ***********************
* Cory Papenfuss *
* Electrical Engineering candidate Ph.D. graduate student *
* Virginia Polytechnic Institute and State University *
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