On Thu, 29 Dec 2005 12:14:10 -0000, Dylan Smith
wrote:

On 2005-12-29, Neil Gould wrote:
Unfortunately some folks have degraded the initial thread to some
political rambling, so I figured I'd post this to a new thread.

As I predicted:
1. "non-instrument rated private pilot"
2. "Night instrument meteorological conditions prevailed"

What does this mean, exactly? A clear, moonless night in a rural area
would qualify. I thought this accident was during a time when IMC
prevailed, regardless of the time of day?

It may qualify, but officially night IMC doesn't mean a clear moonless
night - that's still (officially) night VMC. Also, anywhere where there
is significant amount of lighting on the ground, night VMC (on a clear
moonless night, which is likely to also mean smooth flying conditions)
compared to a cloudy night with poor visibility (which may include
turbulence and icing in the clouds).

A bit off topic, but it does depend on what you credit as being "official".
Certainly, for the purpose of logging instrument flight time, a moonless
night over water may qualify.

From a published FAA legal opinion:

"... actual instrument conditions may
occur in the case you described a moonless night over the ocean with
no discernible horizon, if use of the instruments is necessary to
maintain adequate control over the aircraft. "

It is also true that you do not require an IFR flight plan under these
conditions.


Ron (EPM) (N5843Q, Mooney M20E) (CP, ASEL, ASES, IA)