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From: epm0@bunny.UUCP (Erik P. Mintz)
Newsgroups: net.aviation
Subject: Re: IFR procedure questions
Message-ID: <365@bunny.UUCP>
Date: Sun, 2-Mar-86 15:09:19 EST
Article-I.D.: bunny.365
Posted: Sun Mar  2 15:09:19 1986
Date-Received: Tue, 4-Mar-86 02:23:45 EST
References: <339@bunny.UUCP> <456@bcsaic.UUCP> <1329@brl-smoke.ARPA>
Distribution: net
Organization: GTE Laboratories, Waltham, MA
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> > However, if an ATC clearance is involved then PIC is not permitted
> > since the pilot is not rated for instrument operations.
> 
> This is slightly confusing.  People frequently operate under ATC clearance
> without an intstrument rating as long as you don't go into instrument
> conditions.  It's even required at some airports.
> 
> -Ron

FAR 61.3(e):

   Instrument rating. No person may act as pilot in command of a
   civil aircraft under instrument flight rules, or in weather conditions
   less than the minimums prescribed for VFR flight unless-
   (1) In the case of an airplane, he holds an instrument rating or an
       airline transport pilot certificate with an airplane category
       rating on it.


This means that without an IFR rating, you may not operate under an IFR
clearance, regardless of the weather conditions. Some airports will
issue VFR instructions that sound similar to an IFR clearance, perhaps
including altitude and course assignment, and often including a
transponder code if there is a radar departure control. I guess that
would be a VFR clearance. If the original poster had said "IFR
clearance" instead of ATC clearance, there would be no ambiguity.
-- 
		Erik Mintz

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