Going IMC on a VFR FPL

[fred737]

Air Law gurus,

A question from a soon to retire heavy metal man who hopes to carry on flying privately;

If you are fully instument rated, what actions should you take (in a legal sense - not practical) if on a VFR Flight Planned flight in Class G airspace you go IMC. In other words is it legal to fly IMC when on a VFR FPL in the open FIR? In the UK; In France; and in the USA.

What are the implications of filing an IFR FPL to fly out of Controlled Airspace, but maybe transitting Class D airspace when going from A in UK to B in France? (Flying Airways may not be an option due to circuitous routings)

Thanks in advance for help

[mad_jock]

In the UK comply with IFR rules and thats it.

A VFR flight plan only gets sent to the departure and arrival ATC if they have one. Any other ATC service won't have a clue that you even have a flight plan.

The only time it becomes an issue is if you are flying something heavy enough to incure airways charges if IFR. Some airports also charge extra if they deem you IFR traffic.

[bookworm]

A question from a soon to retire heavy metal man who hopes to carry on flying privately;

Consider joining PPL/IR Europe (www.pplir.org).

The VFR/IFR paradigm has a different emphasis in the UK from the ICAO (e.g. US, German etc.) intention.

The ICAO model is that you are an IFR flight or a VFR flight. Yes, there are procedures for switching between the two, but you essentially pick your flight rules (as exemplified by your flight plan V/I/Y/Z) and stick to it.

The UK model of flight outside controlled airspace allows instant switching between flight rules as required by the needs of the flight. Since no clearance is required, you don't even have to tell anyone.

In other words is it legal to fly IMC when on a VFR FPL in the open FIR? In the UK; In France; and in the USA.

UK yes, US no (pop-up IFR clearance required). France is more tricky. IFR outside controlled airspace is allowed but requires radio comms and a FPL, therefore the switching of flight rules is not as trivial as the UK.

What are the implications of filing an IFR FPL to fly out of Controlled Airspace, but maybe transitting Class D airspace when going from A in UK to B in France?

In the UK, there is no requirement to file a FPL for this (for a domestic flight) and no particular advantage in doing so. And you may be caught by a slot if CFMU is not smart enough to realise that you'll be below the relevant sector to which a restriction applies. I don't know the answer for France -- generally IFR flights are expected, but not required, to use controlled airspace.