Did I violate an FAR?
Sam Spade wrote:
PilotWeb.org wrote:
If ATC uses the term "Cleared for approach" and/or gave you a clearance
limit, using the term "Cleared" then yes, you were operating under IFR.
The actual term IFR isn't usually used on the radio much, (they rarely
say anything like "Cleared IFR...") If you were "cleared for approach"
then you violated the regulations for operating under IFR without the
appropriate rating and without currency.
That is not what triggers IFR.
In my hypothetical I am on top of stratus 15 miles east of Podunck
Airport (which has a TRACON). I call in, "Poduck Approach, Baron 1234C
is at 8,500, VFR, over ACMEE intersection. Requst an ILS approach to
Runway 26."
"Baron 34C, radar contact over ACMEE, fly heading 270 for vectors to the
Podunck 26 ILS. Descent to and maintain 6,000."
Then, there could follow several altitude and vector heading changes
while I am IMC.
Finally, once the controller satisfies the vector-to-final requirements
of 7110.65P, only then will he say "Cleared for approach."
But "cleared for approach" is no more an IFR clearance than "cleared
for takeoff." Neither is "fly heading 270" an IFR clearance.
The best AIM reference I can get you is in 4-3-21: "If pilots wish to
proceed in accordance with instrument flight rules, they must
specifically request and obtain, an IFR clearance." So you would have
to say something like "Request an IFR clearance to Podunk airport via
the ILS runway 26."
Just requesting the ILS is ambiguous at best. You might get away with
it if Podunk airport is IFR, but if the stratus stops short of the
airport and the airport is VFR, then the controller may assume you want
to fly the ILS while under VFR.
Now about the "maintain VFR" wording the controller is supposed to use:
I've read that 1) it is only a reminder, 2) the controller only needs
to state it once (not necessarily in conjunction with the approach
clearance, it could have happened 30 minutes prior, or whatever) and 3)
if the controller forgets to state "maintain VFR" (or if the pilot
doesn't remember hearing it) then the pilot must still maintain VFR.
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