Slowdown
Doghouse... our friend
ff said:
The journey was completed within the capabilities of Pilot and aircraft and within the ratings held.
and I happen to know he has an IMC rating, so don't go off on one!
And anyhow, how would a controller necessarily know the met conditions in flight anyway? I don't believe the radar set has yet been invented which can tell what the visibility and cloud-base are in a particluar spot in the sky... just because the visibility is 3km or less where the controller is (and if a radar controller, then he isn't looking out of the window anyway!), it does not necessarily mean that the conditions are thus where the aircraft is - which is why this is not meant to be guessed by teh controller: they have no way of knowing!
However, I do understand the point that the controller may well assume that a tacit response means "IFR" if, say, all the other traffic he has been working recently has been IFR and/or reported IMC condiitions.
But its not a drama really, is it - its just a question of setting each other straight about which set of rules we're working to (IFR or VFR) and not accepting any clearances we are unable to. As has been said above, if non-IMC rated and due to whatever misunderstanding the controller vectors you onto an ILS, or through cloud, or over an urban area above which you cannot comply with the "glide clear in event of an engine failure" rule, or anything else that you cannot legally do within the priveleges of your license, the you must say "unable" and give reason.
Happy flying folks
Andy