Cory,

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), ...

Why is it not a good idea to do what he did? [Warning: Loaded question]


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[i]
rule should be changed to make it clear. Here's the response:

"With regard to the respondent's assertion that, "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.

There are numerous FARs that are delibrately vague. If you disagree with
this, why not start writing up a list of 'reckless' things a pilot could
do - I bet you'll shoot right past 100 and keep going. It's impossible to
specifically state all the things a pilot may not do.

Hilton