MovingOn wrote:Maybe some people need to read this...a lot of bad info being give out here.
"Code of Federal Regulations
Part 61 CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS
Subpart A--General
Sec. 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."
You cannot file IFR and accept an IFR clearance unless you are instrument rated and current. If you and your plane meet the requirements, then by definition, you are able to fly in actual IMC. If you are not able, you can't file and accept a clearance. You could do instrument training without being current or capable of going IMC, but not on an IFR clearance. IFR means "Instrument Flight Rules" and has nothing to do with weather conditions.
61.3 deals specifically with pilot requirements, and not aircraft requirements. I agree with the first part of your statement, "You cannot file IFR and accept an IFR clearance unless you are instrument rated and current." I had to get instrument current right after 9/11 so I could file IFR and fly my VFR pipeline route at tree top height. This was the only way I could do it until they released VFR traffic.
For the aircraft to be able to file IFR it must have the required equipment listed in 91.205, and have all the required inspections. As long as these requirements are met the pilot and aircraft can file IFR and receive a clearance, even if the aircraft is prohibited from flight in IMC conditions. There is nothing in the regulations that state otherwise.