Kobe Bryant killed in S76 crash

[JimEli]

Originally Posted by simon001

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The FARs do not differentiate between intentional or otherwise. The FARs specify that a pilot must fly under VFR until cleared by ATC to fly under IFR. The only intention the pilot declared was to climb to 4000. He was asked multiple times whether he was VFR. He confirmed VFR. VFR into IMC, intentionally or otherwise, is bad. And yes, it is a violation. If ATC asks you and you admit it, they will declare an emergency on your behalf immediately. If you live, you get to copy down a number when you land. I know because I've been there. And in the pilot's case, he could not have received a pop up clearance from ATC because he was below the MDA shelf for that area. The pilot, with his experience, would have known that.
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From FAA Order JO 7110.65Y - ATC:

d. When VFR aircraft operating below the minimum altitude for IFR operations requests an IFR clearance and the pilot informs you, or you are aware, that they are unable to climb in VFR conditions to the minimum IFR altitude:

1. Before issuing a clearance, ask if the pilot is able to maintain terrain and obstruction clearance during a climb to the minimum IFR altitude.

2. If the pilot is able to maintain their own terrain and obstruction clearance, issue the appropriate IFR clearance as prescribed in Para 4-2-1, Clearance Items, and Para 4-5-6, Minimum En Route Altitudes.