On 07/28/08 12:23, Peter Clark wrote:
On Mon, 28 Jul 2008 18:56:16 GMT, "Cyberfly via AviationKB.com"
u45015@uwe wrote:

I have a question for the group. Im working on my IFR ticket, and will be
finished in about another 2-3 months, depending on how much I fly (Im renting.
so at $165/hr with instructor,, the $$$$ flow is very high right now) . I
was told by one of the "old guys" at the airport that if I wanted to file an
IFR flight plan in VMC and remain totally VFR, that I could do so by myself
without an instructor with me (and without my IFR ticket). The premise is
that it is not illegal to file an IFR plan and fly it VMC while keeping VFR
the entire time. It is very "ILLEGAL" to file IFR flight plan and fly in IMC
without either your IFR ticket or an IFR rated instructor. The practice would
be great of getting into the system, approaches, vectors, etc.,,but my fear
is that if I try this,,I could wind up in deep dodo with my local FSDO. I
have searched the FARs and cant find any reference to this scenario and so I
cant verify if I could actually do this or not legally.
This would be quite easy to do at night on a clear night. I do most of my IFR
training at night because of my work schedule and love the night flights,
less traffic, no turbulence, etc... Your thoughts?

Unless I'm mistaken, you can't do it. Since you'd be PIC "under IFR"
and don't have the rating you can't meet the requirements in
91.169(a)(1) (referencing 91.153(a)(3) ("name of pilot in command" or
61.57(2)(c). It doesn't make a distinction between IMC or VMC while
flying under IFR.

61.57(2)(c) Instrument experience. Except as provided in paragraph (e)
of this section, no person may act as pilot in command under IFR or in
weather conditions less than the minimums prescribed for VFR, unless
within the preceding 6 calendar months, that person has: (all the
stuff required for instrument currency)

You missed the big one: 61.3(e). Have a look at my other response.


--
Mark Hansen, PP-ASEL, Instrument Airplane, USUA Ultralight Pilot
Cal Aggie Flying Farmers
Sacramento, CA