Aero-Tips!

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Aero-Tips 07.11.06

An Aero-Tips reader writes:

1) Can you legally file and fly an instrument flight plan in a non-IFR certified airplane in VFR conditions? Let's make it a certified airplane, but NOT IFR certified, however, it has all the equipment for IFR flight required by FAR 91.205(d)

The guys at center and tracon would rather you file IFR, but is it legal. It is easier on them and us than flight following or a visual flight plan.

2) Same question as (1) above, only with an experimental aircraft that is not certified IFR. It also has all the equipment required by FAR 91.205(d) for IFR flight.

The pilot in both cases is current commercial and instrument qualified.

Dear reader:

Question (1):  IFR certification consists of:

• Federal certification of the type design for Instrument Flight Rules flight;
• All equipment required by FAR 91.205, as you state.
• Current (30-day) VOR check, if VOR navigation is to be used.
• Current (24-month) static system certification.
• Current (24-month) transponder certification. 

Note: The transponder certification is required for flight in Class A, B, C, and other airspace as specified by FAR 91.215 whether the airplane is flown VFR or IFR.

By "not IFR certified" you most likely mean that the static system check is not current. FAR 91.411 clearly states that--

• No person may operate an airplane, or helicopter, in controlled airspace under IFR unless…Within the preceding 24 calendar months, each static pressure system, each altimeter instrument, and each automatic pressure altitude reporting system has been tested and inspected and found to comply with appendix E of part 43 of this chapter...

Since the FAR references flight "under IFR" and not flight "in Instrument Meteorological Conditions", and since your question presupposes that the flight will take place in airspace under ATC control, the answer to your first question appears to be "no, you cannot operate such an airplane on an IFR flight plan even if the flight remains in visual conditions."

Question (2): If the experimental aircraft is not approved for IFR under its Experimental certification, FAR 91.319d(2) states you cannot fly it on an IFR flight plan regardless of installed equipment or actual weather conditions. So the answer in this case is also "no, you cannot fly such an airplane on an IFR flight plan regardless of weather conditions."

It may be slightly easier for Air Traffic Control to handle you as an IFR flight than it is under flight following on a filed VFR flight plan, but even if that's the case the FAR specify what it takes to fly IFR in controlled airspace regardless of weather conditions. It takes aircraft and equipment certification…and pilot rating and currency as well.

Aero-tip of the day: Know what ATC can order you to do-and what remains your responsibility as Pilot-in-Command.

FMI: Aero-Tips