Filing IFR flight Plan in VMC

Cyberfly via AviationKB.com 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?


You must have an instrument rating or an ATP to operate an airplane under
Instrument Flight Rules regardless of local weather conditions.


§ 61.3 Requirement for certificates, ratings, and authorizations.

(e) Instrument rating. No person may act as pilot in command of a civil
aircraft under IFR or in weather conditions less than the minimums
prescribed for VFR flight unless that person holds:

(1) The appropriate aircraft category, class, type (if required), and
instrument rating on that person's pilot certificate for any airplane,
helicopter, or powered-lift being flown;

(2) An airline transport pilot certificate with the appropriate aircraft
category, class, and type rating (if required) for the aircraft being flown;

(3) For a glider, a pilot certificate with a glider category rating and an
airplane instrument rating; or

(4) For an airship, a commercial pilot certificate with a lighter-than-air
category rating and airship class rating.