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Old 15th Sep 2007, 14:57
  #7 (permalink)  
foxmoth
 
Join Date: Dec 1999
Location: Oop North, UK
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Homeguard,
A number of inaccuracies in your post, it is possible to end up IMC unintentionally without bad planning (unless you are only going to fly in absolutely perfect wx - probably about 3 days a year in the UK) - the met man has been known to get it wrong! Good planning should mean this happens very rarely, but it does happen.
secondly, besides
You are either VMC flying VFR or IFR or IMC flying IFR and there are no ifs or buts.
you can also be VMC flying IFR (yes, if you are IMC then you must be IFR).
If someone should end up in the situation of being above or even in cloud when not qualified for whatever reason, I think you will then find ATC will do their best to sort it out for them, normally helping them to an area they can descend safely in VMC, but should it be needed then it could even be to an instrument approach, probably a radar approach so all the pilo thas to do is follow instructions, because this is getting someone out of trouble the normal equipment/qualifications go out the window, what happens then will very much depend on why it happened, if say the forecast was bad and the pilot had not got one or had gone anyway then it could possibly result in a prosecution, though even then I think the authorities are reluctant to do this in case it puts people off calling for help when they need it and just a caution letter and possibly some xtra instruction is all that results.
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