HARRY POTTER wrote in
:

Benjamin Dover wrote:

HARRY POTTER wrote in
:

B A R R Y wrote:

On Tue, 20 May 2008 20:30:20 -0400, "Bob F."
wrote:

Extra credit points! The statement below is incomplete (hint:
qualification
is missing). There are lots of places in US airspace where you could
be IMC and NOT fly under IFR rules, and no flight plan...where are
they?

Class G space.

Thats what I always thought, until I saw an FAA enforcement letter
where they suspended a pilot for launching intoclass G without a
clearance. IIRC, he was sitting on the ground awaiting his release
from ATC, got tired of waiting, and just took off. No one along the
line doubts he did indeed stay inside uncontrolled airspace, but they
still violated him.


§ 91.13 - Careless or reckless operation. The FAA's gotcha reg.

I realize that. But what I don't understand, is that if the FAA regards
flying in class G without a clearance unsafe, then why do they have
specific language that allows IFR flights in uncontrolled airspace...

btw, here is a link to the FAA action:

http://www.ntsb.gov/alj/O_n_O/docs/aviation/3935.PDF


ATC can't clear you in airspace they don't control. Had a clearance been
issued, it would have specified where to enter controlled airspace and in
what time window. .

In the reference you cite, they did not penalize the pilot for flying in
IMC under IFR in class G airspace. He was nailed because he flew VFR
(which he stated he was doing to another pilot) in weather which was,
according to other witnesses, IMC. That was the careless and reckless 91.13
violation.

From the very cite you provided: With regard to respondent's assertion
that, "[i]f anytime an aircraft enters clouds in uncontrolled airspace it
is careless without a clearance then the FAR's should be changed," we note
that it would be neither wise nor possible for the FAA to attempt to
specifically prohibit every form of conduct that it considered careless.