Training for IFR in non-IFR aircraft

Can you show me the Reg?
I’m curious what you think

“An aircraft may be operated on an IFR flight plan under IFR in VMC…”​

in the FAA Order dealing with aircraft not certified for IFR, and

“an aircraft does not need to be IFR certified to operate on an IFR flight plan, provided the aircraft remains in Visible Meteorological Conditions (VMC)”​

in the FAA Chief Counsel’s Theriault interpretation mean.
 
Funny, the USAF and USN teach instrument flying in primarily tandem aircraft. But what do they know. :D

I assume they have flight instruments, though? Decathlon just has a leather seat back. :)

I could rig up the hood from hell in a tandem plane. Fasten cloth to a hat and then velcro it to the glare shield and side panels, so zero chance of peeking. Might as well be in real IMC.
 
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I’m curious what you think

“An aircraft may be operated on an IFR flight plan under IFR in VMC…”​

in the FAA Order dealing with aircraft not certified for IFR, and

“an aircraft does not need to be IFR certified to operate on an IFR flight plan, provided the aircraft remains in Visible Meteorological Conditions (VMC)”​

in the FAA Chief Counsel’s Theriault interpretation mean.

Seems pretty clear to me that I can train IFR in my Decathlon, to include filing IFR plans, just as long as I stay in VMC.

So next question: apart from the comfort level of gaining actual experience in the soup, how much does staying VMC constrain the training? If I'm on foggles and not peeking out the corners, do I care if it is CAVU?
 
...... Even if I didn't get the rating, it would be time well spent if I ever got in a VFR pickle.
^^^ This

Also, I can't let go of my military time. If you're keeping the Decathlon, the "train like you'll fight" rule applies, so as much as possible train in your plane.

I'll withhold my panel recommendations. I needed to make my Seneca ADSB compliant and before I was done, I was well into 6 figures with glass. Don't listen to anything I have to say about affordable panels.
 
If I'm on foggles and not peeking out the corners, do I care if it is CAVU?
Technically, no…but it’s amazing how much your peripheral vision picks up from the corners that your brain actually processes. Between that and the psychological aspects, there can be a huge difference between instrument training in CAVU and instrument training in IMC.
 
Technically, no…but it’s amazing how much your peripheral vision picks up from the corners that your brain actually processes. Between that and the psychological aspects, there can be a huge difference between instrument training in CAVU and instrument training in IMC.
:yeahthat: The first time I was in IMC, which occurred a little more than halfway through my instrument training, I felt uncomfortable in way I never felt when wearing foggles. It was also the first and only time I've experienced vertigo.
 
Specifically, starting on line 2, "Any aircraft that meets the equipment requirements..."
Then in the middle, "An aircraft may be operated on an IFR flight plan under IFR in VMC..."
You still haven't shown me anything that contradicts what I said and I *believe* to be true. (But if you can find it, I'm open to it.)

I have continually stated you cannot file/accept and IFR Clearance in a VFR only aircraft. Your quote says what I've been saying. "...Any aircraft that meets the equipment requirements..." There's no one from column A and one from B. If the plane is not IFR capable, or can not "meet the equipment requirements" you may not file/accept and IFR Clearance. You can fly under the hood all you want in VFR conditions

Perfect example... A couple of years ago we did a X-US flight in October. I filed IFR on all legs and as it turned out on 99.9999% of the days we were flying for the entire trip in the the big loop around the US was not only VMC, but CAVU!! But I did end up Logging 0.1 Actual. Leaving KAWO if I had gone N, E or S, I would have been in VMC. But ATC had me turn West, so I climbed for a few minutes through some clouds along the coast. If you are on an IFR Flight Plan, ATC does not ask you if you can accept a turn to the right or left, you are expected to turn even if it is into IMC. (Granted there may be some reasons you may say "unable") They don't want to hear "sorry that will put me in IMC and this plane isn't IFR Certified. In fact, I'm sure you'd get a call or a visit from the FSDO.
 
Do you have a reg to support your position? Or even a reg that says you can accept an IFR clearance in an IFR aircraft?
I take you haven't gone through the IFR training yet. I'm sure others can pull out multiple examples, but these are the ones that instantly come to mind.

91.205: Required equipment
91.411: Pitot Static & Altimeter requirements
91.215: Transponder requirements
 
“an aircraft does not need to be IFR certified to operate on an IFR flight plan, provided the aircraft remains in Visible Meteorological Conditions (VMC)”
Well... If you're going to quote a Legal Interpretation, make sure you have the latest. Pratt in 2022 rescinded the Theriault interpretation.

And yes, I'll grant you most of the discussion was about training. But even if the Theriault LI was still valid, be sure you read it all. There is a very important legalize in there "...However, we caution that the pilot in command must ensure compliance with the flight rules and not to expect special handling from Air Traffic Control..." So even though the lawyer appeared to have ignored the Regs (91.205, 91.215, 91.411 and I'm sure others), if you did file, you could still be violated if you're not IFR capable. So go for it if you want, but if something happens you may be given a phone# to call. I contend that if asked, the Chief Counsel may reject the original interpretation that you can accept and IFR Clearance (or File) in the first place.
 
Well... If you're going to quote a Legal Interpretation, make sure you have the latest. Pratt in 2022 rescinded the Theriault interpretation.

And yes, I'll grant you most of the discussion was about training. But even if the Theriault LI was still valid, be sure you read it all. There is a very important legalize in there "...However, we caution that the pilot in command must ensure compliance with the flight rules and not to expect special handling from Air Traffic Control..." So even though the lawyer appeared to have ignored the Regs (91.205, 91.215, 91.411 and I'm sure others), if you did file, you could still be violated if you're not IFR capable. So go for it if you want, but if something happens you may be given a phone# to call. I contend that if asked, the Chief Counsel may reject the original interpretation that you can accept and IFR Clearance (or File) in the first place.
Sorry, I don’t see the problem you do.
 
Seems pretty clear to me that I can train IFR in my Decathlon, to include filing IFR plans, just as long as I stay in VMC.

So next question: apart from the comfort level of gaining actual experience in the soup, how much does staying VMC constrain the training? If I'm on foggles and not peeking out the corners, do I care if it is CAVU?
Your instructor might care. And “we need 10 degrees right to remain clear of clouds” is a discussion with ATC. A real problem for a controller trying to maintain separation in busier airspace areas.
 
Sorry, I don’t see the problem you do.
I get what you're saying, or at least I think I do. I doubt any descent CFII is going to file an IFR Flight Plan on a day that they could potentially be vectored into IMC. So it's sort of a non issue.

But I can't tell you how many times over the years where we figured we had planned for everything and some client would toss something new at us. In this case, it just wouldn't be worth it to me to file IFR since the plane can't go into IMC. If it were my plane and the CFII didn't have a problem training in it, I'd get the same hood and training time without the IFR Flight Plan. And I got my Inst Rating years ago at KFRG under the NY Class B and next to the KISP Class C. Most of my flying was in VFR conditions and we had no problem flying in that airspace without an IFR Flight Plan or Clearance. So it's not going to make a difference in the training. The one or two times you would need to File IFR you could take the risk I guess if you wanted to.
 
I get what you're saying, or at least I think I do. I doubt any descent CFII is going to file an IFR Flight Plan on a day that they could potentially be vectored into IMC. So it's sort of a non issue.

But I can't tell you how many times over the years where we figured we had planned for everything and some client would toss something new at us. In this case, it just wouldn't be worth it to me to file IFR since the plane can't go into IMC. If it were my plane and the CFII didn't have a problem training in it, I'd get the same hood and training time without the IFR Flight Plan. And I got my Inst Rating years ago at KFRG under the NY Class B and next to the KISP Class C. Most of my flying was in VFR conditions and we had no problem flying in that airspace without an IFR Flight Plan or Clearance. So it's not going to make a difference in the training. The one or two times you would need to File IFR you could take the risk I guess if you wanted to.
We agree on the practicalities and the potential issues. “Permitted” especially in the IFR world, does not necessarily mean “good idea.”
 
these are the ones that instantly come to mind.

91.205: Required equipment
91.411: Pitot Static & Altimeter requirements
91.215: Transponder requirements
So far you’re agreeing with Theriault and the 8900 reference.
 
So far you’re agreeing with Theriault and the 8900 reference.
Nope, still not. I actually thinking of writing in and asking for a clarification if when Theriault was rescinded, if they also meant to clarify that you could not File and accept and IFR Clearance in a VFR only plane.

They focused mostly on training when they rescinded it, but it is no longer a valid Legal Interpretation to reference.
 
I intentionally did a lot of my IFR training in VFR conditions, at nigh, under hood, in rural areas. Unintentional cheating out the side with peripheral vision was minimized.

My first IFR training was in a Cessna 150 without even a nav radio, and only 3 Christal's for the com. All was done at night, with hood. It was very effective.
 
Nope, still not. I actually thinking of writing in and asking for a clarification if when Theriault was rescinded, if they also meant to clarify that you could not File and accept and IFR Clearance in a VFR only plane.

They focused mostly on training when they rescinded it, but it is no longer a valid Legal Interpretation to reference.
The 8900 is a valid legal reference, and it makes the same distinction that the regs do between operating under IFR and accepting an IFR clearance.
 
Prior to the Thierault interpretation, you would have been correct.

However, read the quoted piece in post 10 carefully:

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Specifically, starting on line 2, "Any aircraft that meets the equipment requirements..."
Then in the middle, "An aircraft may be operated on an IFR flight plan under IFR in VMC..."

And while the last sentence appears to contradict those, note that it says you can't operate *in IMC* if the aircraft isn't approved for IFR operations. It doesn't prohibit IFR in VMC, and the earlier portions specifically allow it.

The 8900 is a valid legal reference, and it makes the same distinction that the regs do between operating under IFR and accepting an IFR clearance.
A slight tangent question: In the sub paragraph quoted above does the pilot in command (PIC) need to be properly certificated and current to be operated on and IFR flight plan under IFR in VMC or would the instrument rating alone be sufficient to file and accept an IFR clearance?
 
The 8900 is a valid legal reference, and it makes the same distinction that the regs do between operating under IFR and accepting an IFR clearance.
But it was based on Thierault, which was rescinded by the Chief Councils Office. So is it still valid? Or are they just waiting for the next rewrite to change the language?

Also in Thierault it specifically states that the Pilot will not be given any Special Handling by ATC and could be violated if they cannot follow ATC instructions and maintain VMC. So yes you can file, but you can still get burned.
 
But it was based on Thierault, which was rescinded by the Chief Councils Office. So is it still valid? Or are they just waiting for the next rewrite to change the language?
8900 is valid.
Also in Thierault it specifically states that the Pilot will not be given any Special Handling by ATC and could be violated if they cannot follow ATC instructions and maintain VMC. So yes you can file, but you can still get burned.
if someone can’t maintain VMC when they’re supposed to, that’s a different issue.
 
8900 is valid.

if someone can’t maintain VMC when they’re supposed to, that’s a different issue.
is it legit to say unable to atc instructions that would put you in imc when you are on an ifr clearance? doesn’t seem to me like it would be.
 
A slight tangent question: In the sub paragraph quoted above does the pilot in command (PIC) need to be properly certificated and current to be operated on and IFR flight plan under IFR in VMC or would the instrument rating alone be sufficient to file and accept an IFR clearance?
The PIC always needs to be rated and current to accept and operate on an IFR clearance.
 
is it legit to say unable to atc instructions that would put you in imc when you are on an ifr clearance? doesn’t seem to me like it would be.
No less than it’s legit to say unable to ATC instructions that would put you in a thunderstorm or a mountain or icing. “Cancel IFR” works as well.
 
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No less than it’s legit to say unable to ATC instructions that would put you in a thunderstorm or a mountain or icing. “Cancel IFR” works as well.
Canceling ifr is not instant. I’ve often flown 30 or more miles after requesting to cancel before they actually cancelled me. Saying unable due to a safety issue is different. My opinion is you shouldn’t be accepting an ifr clearance if you can’t fly in imc.
 
that would eliminate lot of day-to-day IFR flying outside of the training world.
I think he meant you shouldn't accept a clearance if you aren't fully IFR capable (for whatever reason), not that you shouldn't do IFR if it's not IMC.
 
I think he meant you shouldn't accept a clearance if you aren't fully IFR capable (for whatever reason), not that you shouldn't do IFR if it's not IMC.
I know that. But I also didn’t say anything about not doing IFR if it’s not IMC.
 
Likely a bit of insurance discount to boot. If you carry it, some don't.
I doubt the insurance on his decathlon would be impacted, but I won't pretend to understand how insurance companies work.
 
The Aera, as a portable device, does not count as the aircraft being "equipped" for approaches. You need something in the panel.

Do you have a nav radio at all? ILS capability? If so, you could go without a GPS, though practically speaking, in today's world everyone expects you to have a GPS and you'll constantly be refusing direct clearances if you're not so equipped.
Is panel-mounted GPS now so ubiquitous that pilots have forgotten how to tell ATC "I can't accept a direct clearance to that fix, but I'll take a 117° vector until the VOR [hundreds of nautical miles away] is receivable. ;);)"
 
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is it legit to say unable to atc instructions that would put you in imc when you are on an ifr clearance? doesn’t seem to me like it would be.
Sure it is. Just as legit as refusing an instruction when VFR in Class C or B that will put you too close to (C) or in (B) a cloud. Or, for that matter, the extremely common "N1234A needs 20° right for a buildup." I actually do the latter even if it's a cloud I would have no problem with alone, if I have a passenger.

Y'know, we keep talking about the practical (not legal) problem of what happens if there's a cloud in the way as though it's a problem that has a very high likelihood of coming up, Sure, "we need 20° left (or 1000' lower) to remain clear of clouds" might be a little confusing to a controller and, if you happen to be in the northeast corridor or SoCAL, or other parts of the country with heavy traffic, it might cause an issue. But really, in many parts of the country, scheduling for a day when the nearest cloud will be far from or above your route of flight is no more problematic than scheduling a student pilot long solo cross country.

Maybe we're just geared to look for problems rather than solutions. The funny part is we also find huge problems with - and many wring their hands over - the opposite: We know that so many pilots get their instrument rating with zero time in actual even though they are in completely IFR certified aircraft. I see it all the time, even in parts of the country with plenty of flyable clouds.
 
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that would eliminate lot of day-to-day IFR flying outside of the training world.
Sorry... Not quite sure what you're trying to say. Other than this discussion, who's flying IFR that can't fly into IMC??? (I doubt there are very many people out there with the specific issue being discussed here.)

If you're a student, your with your CFII, so no issue there going into IMC. If you're a student out with a pilot friend or other student doing hood work, you're not on an IFR flight plan and you certainly would not be going into IMC. So what day-to-day IFR flying is being impacted? Maybe a few more details on what flights are impacted?

And again, this is not about avoiding ice or T-storms. But in the original legal interp (since rescinded), they indicated that if you accepted an IFR Clearance in an non IFR aircraft and were told to turn right 30 degrees and you refuse because it may just put you in or near a cloud (e.g. no longer VMC), you could be violated. If you accept an IFR clearance you are expected to be able to fly in IMC. On a CAVU day, you could get away with it. On a day with some cloud layers or potential building clouds in the afternoon, you could get in trouble if you refuse for something other than ice, T-storm, etc. (Safety of flight issues.)
 
Lots of good input here, thanks. The question in my OP has been clearly answered. Yes, I can legally log IFR training in my Decathlon if it meets the equipment requirements of 91.205(d). However, because my airplane is not IFR certified, I must remain in VMC.

On the equipment question, seems like my cheapest path would be to add a GPS 155XL, swap my Com for a NavCom, and set up my second AV-30 to indicate CDI with the AV-HSI adapter "coming soon". I think I could do that for under $3K.

A more expensive path would be a WAAS IFR GPS, but only the GPS 175 would fit, and I'm not seeing any of those on the used market. A new one would cost about $6K.

(note: costs are parts only, with me doing the install under supervision)
 
Sorry... Not quite sure what you're trying to say. Other than this discussion, who's flying IFR that can't fly into IMC??? (I doubt there are very many people out there with the specific issue being discussed here.)
Somebody flying a Cherokee in January, bases at about 4800 MSL, moderate ice in the clouds. IFR at 4000 is perfectly fine, but he can’t go in the clouds without picking up excessive ice.

Working through/around a line of thunderstorms. Not stupid enough to fly in them.

Just a couple of examples that come to mind.
If you're a student, your with your CFII, so no issue there going into IMC. If you're a student out with a pilot friend or other student doing hood work, you're not on an IFR flight plan and you certainly would not be going into IMC. So what day-to-day IFR flying is being impacted? Maybe a few more details on what flights are impacted?

And again, this is not about avoiding ice or T-storms. But in the original legal interp (since rescinded), they indicated that if you accepted an IFR Clearance in an non IFR aircraft and were told to turn right 30 degrees and you refuse because it may just put you in or near a cloud (e.g. no longer VMC), you could be violated. If you accept an IFR clearance you are expected to be able to fly in IMC. On a CAVU day, you could get away with it. On a day with some cloud layers or potential building clouds in the afternoon, you could get in trouble if you refuse for something other than ice, T-storm, etc. (Safety of flight issues.)
You need to decide whether you’re going to base your argument on the interpretation being valid or the interpretation being invalid. My argument is based on the regs and the 8900, which are valid and say nothing about violating someone for not being able to comply with a vector for
either safety or regulatory compliance.
 
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You guys are dancing around the remaining issue I need help with to decide if this is a cost effective path. Let's narrow it down by restating the question.

What percentage of a typical IFR training course can I accomplish effectively in my aircraft, versus how much would I need to obtain another aircraft for?

Let's say it's 50/50, or 75/25. I can do the math from there to see if the rental cost savings pays for the equipment expense.
 
Other than this discussion, who's flying IFR that can't fly into IMC???
Aside from unable do to adverse weather, there's "can't" as in "won't." There are definitely pilots out there who maintain instrument currency and fly cross countries under IFR as a convenience and rarely if ever go near a cloud, choosing only to fly on VFR days (personal minimums). I'm sure that n my own IFR flying there are far more complete flights with no clouds than those I've needed to punch even one hole through. That's what I mean by even the practical issue being pretty much a non-issue.

Besides, I disagree with you that Pratt rescinded the portion of Theriault that deals with this issue. Theriault dealt with two issues. Only the one not discussed here is the subject of Pratt. While I hesitate to say always, rescinded opinions are typically removed from the database. Theriault is there because the balance is still valid.

Also, strictly as a point of information, a number here (including me) have gotten part of the chronology incorrect. The change to Order 8900.1 authorizing the activity predates Theriault, not vice versa, so it is not accurate to say, "But it [¶5-439] was based on Theriault." It's an FAA policy decision less than a legal interpretation.
I contend that if asked, the Chief Counsel may reject the original interpretation that you can accept and IFR Clearance (or File) in the first place.
My crystal ball says that if asked, the Chief Counsel will, in order of likelihood, defer to Flight Standards, respond that that the question is not novel or legally significant enough for a legal interpretation, or reaffirm it.
 
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... The funny part is we also find huge problems with - and many wring their hands over - the opposite: We know that so many pilots get their instrument rating with zero time in actual even though they are in completely IFR certified aircraft. I see it all the time, even in parts of the country with plenty of flyable clouds.

I agree. Flying in actual IMC is not more difficult than flying in the system with foggles but it IS quite different psychologically, IMO. If you want to confidently and safely use your instrument ticket after you get it, you really need significant practice in actual. I was lucky when I went for my instrument rating, I flew my own (IFR certified) plane to a flight school near Portland, OR, in February. More than half of my training flights, including the very first one, were in actual conditions. Disconcerting at first, but it was great training.
 
You guys are dancing around the remaining issue I need help with to decide if this is a cost effective path. Let's narrow it down by restating the question.

What percentage of a typical IFR training course can I accomplish effectively in my aircraft, versus how much would I need to obtain another aircraft for?

Let's say it's 50/50, or 75/25. I can do the math from there to see if the rental cost savings pays for the equipment expense.
We kind of need to go back to, "what do you have?" There are going to be tasks you need to accomplish from a training, regulatory requirements, and ACS standpoint. With a IFR-capable WAAS GPS or a combination of an IFR-capable GPS (WAAS or not) and a VLOC receiver, you should be able to meet all the requirements.

Assuming you have that, the only real issue I see is teaching instruments from the back seat. As I mentioned, my own experience doing that is IPCs for a friend and even then, we switched for a few lessons when he bought new avionics. I wouldn't take on a primary IFR student from the back seat for purely practical reasons. But I'm sure there are others who will.

But I think you may be going at this backwards. I'd find a willing CFII first and ask them what I will need to satisfy them.
 
You guys are dancing around the remaining issue I need help with to decide if this is a cost effective path. Let's narrow it down by restating the question.

What percentage of a typical IFR training course can I accomplish effectively in my aircraft, versus how much would I need to obtain another aircraft for?

Let's say it's 50/50, or 75/25. I can do the math from there to see if the rental cost savings pays for the equipment expense.
Having the equipment installed will raise your resale a bit also, plus you'll have it available to stay proficient and possibly save your butt some day.
 
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