Regulation roundabout

Q: Years ago, I was told that an instrument-rated and current pilot could fly in Class G airspace under IFR without an IFR clearance. I have also read that in the regulations but am having difficulties finding that regulation again. Can you point me to it?

A: The regulation you are looking for does not exist. There is no regulation that directly says a pilot can do it; however, there is also no regulation that explicitly prohibits it. In other words, FAA doesn’t say you can, but they also don’t say you can’t; however, compliance with other regulations, including the rule prohibiting careless or reckless operation, need to be carefully considered.

Here are a few of the numerous other regulations that would need to be considered for this type of flight:

• FAR 91.173 says that no person may operate an aircraft in controlled airspace under IFR unless that person has filed an IFR flight plan and received an appropriate ATC clearance. A flight plan and clearance are required in Class A, B, C, D, and E airspace.

• FAR 91.177 establishes minimum altitudes for IFR operations

• FAR 91.205(d) details the aircraft instruments and equipment required for IFR flight.

• FAR 61.3(e) says to act as pilot in command under IFR, the pilot must hold the appropriate aircraft category, class, type (if required), and instrument rating on that person’s pilot certificate.

• FAR 61.57(c) requires recent instrument experience (currency) if the person is to act as pilot in command under IFR or weather conditions less than the minimums prescribed for VFR.

• FAR 91.13 prohibits operating an aircraft in a careless or reckless manner.

Significantly, it is well-established that conduct can be careless or reckless in violation of FAR 91.13 even if it does not violate any other regulation, and the FAA has argued exactly that when an instrument-rated pilot for taking off from an uncontrolled airport into clouds without a clearance or release from ATC, and the judges have agreed.

So, there you have it.

Craig Brown is a senior aviation technical specialist in the AOPA Pilot Information Center.

[email protected]