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15 Answers

IFR without a flight plan? Ever?

Asked by: 38765 views Uncategorized

A question from the FAA test question bank sparked a debate in my ground school class.  It asks at what point it is necessary to file a flight plan and receive a clearance  if you are departing in IMC from an airport in uncontrolled airspace, but planning to enter controlled airspace.  (It's question 4068 in the 2012 ASA Instrument Test Prep book.)  The correct answer from the three offered was "Before entering Class E airspace."  No problem understanding that, but one student felt that a better answer was "Before takeoff."  He reassoned that if it's IMC, you can't legally take off under VFR rules; therefore you can only take off under IFR, and to fly IFR you must be on a flight plan.  My reasoning is that you must be on an IFR flight plan when in controlled airspace (per 91.173), but you could still take off legally from the uncontrolled field in IMC if you are instrument rated.  The instructor was not totally comfortable with the book answer because, as he put it and I'm paraphrasing a bit, "You aren't flying under Instrument Flight Rules unless you are on an IFR flight plan."  Everyone agreed that the situation in the question would probably never arise, but I am wondering what the regulars on this web site think about it.  To boil it down to the essence: If you are not in controlled airspace and have no flight paln or clearance, can you fly (legally) under instrument flight rules?

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15 Answers



  1. John D. Collins on Nov 20, 2011

    My understanding is that an instrument rated pilot can fly in uncontrolled airspace without a clearance or a flightplan.  That doesn’t make it a wise course of action.  In the west, there are large sections of uncontrolled airspace and it is possible to fly airport to airport without entering controlled airspace. IFR flight in uncontrolled airspace requires that the IFR hemispheric rule be followed, that is for westerly directions, one uses the even thousand foot MSL cruise altitudes and for easterly directions, one uses the odd thousand foot MSL cruise altitudes.

     

    In a tangential discussion, the IFR hemispheric rules only apply to IFR flight in uncontrolled airspace. In controlled airspace, the altitude is “as assigned by ATC”.  Although most clearances will conform to the hemispheric convention for altitude and direction of flight in controlled airspace, I have at times requested and received IFR clearances for what some call wrong way altitudes.  An example when I might use this is to remain below the freezing level by using an altitude of 4000 even though I am eastbound.  FSS briefers are not always familiar with the distinction between IFR and VFR rules and in the past when I have included such an altitude in a IFR flightplan, some have noted it was the wrong altitude for the direction of flight, and that the computer wouldn’t accept it.  I just say, humor me, enter it the way I requested it. After it is accepted, a common response is, I never saw that before.  I don’t file many VFR flightplans, but the system may prohibit filing a VFR flightplan with wrong way altitudes.

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  2. Nathan Parker on Nov 20, 2011

    “To boil it down to the essence: If you are not in controlled airspace and have no flight paln or clearance, can you fly (legally) under instrument flight rules?”
    Technically, yes, and the right has been acknowledged by the NTSB.  However, they have sustained a violation of a pilot for doing just that, asserting he had violated 91.13, Careless or Reckless Operation of an Aircraft.  What’s unclear is whether this ruling effectively makes the procedure illegal, or it was merely the particulars of the specific case that made it unusually dangerous.

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  3. Tim Smolen on Nov 22, 2011

    I was told in flight school that flying IFR in class G without filing is the safest place to avoid other aircraft because no one else would be so stupid. I don’t think that instructor lasted long.
    While it might be legal it would most likely be unsafe, which then makes it illegal.
    My question would still unanswered about this is what would you put in your transponder? Clearly 1200 is out of the question and I wouldn’t want to fly without it on for TCAS purposes.

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  4. Nathan Parker on Nov 22, 2011

    “My question would still unanswered about this is what would you put in your transponder? Clearly 1200 is out of the question and I wouldn’t want to fly without it on for TCAS purposes.”
     
     
    That’s pretty funny…I never thought about that.  I do think that 1200 would be the appropriate code.  I know it’s referred to as a “VFR” code, but what that means in this context is that we’re not under ATC control.  We’re not making promises to the world about our flight conditions.
     
    Another option is to just pick a code, which is apparently legal in uncontrolled airspace.

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  5. John Parsons on Nov 22, 2011

    Nathan, your answer about the NTSB ruling and 91.13 is quite intriguing.  I’d love to read more about that case.  Do you know any way to track down the particulars?

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  6. Nathan Parker on Nov 22, 2011

    I just emailed a copy of the ruling to you.

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  7. Bill Trussell on Dec 08, 2011

    This question is really interesting.  Technically, the rules allow the operation originally proposed.  Both flying IFR in uncontrolled airspace and the issues of transponder code use are answered if  you understand the use of the term uncontrolled airspace.  What is missing from the definition is that the FAA does not offer separation or other ATC services in uncontrolled airspace for a reason, namely radar and communications coverage.  Where such airspace exists, when radar and radio coverage does not exist, no IFR separation services are provided.  In these cases, an IFR equipped and qualified pilot can fly in IMC without contacting anyone or filing a flight plan.  FAR 91.13 can be invoked in virtually any flight for nearly any reason as it is so loosely worded.  Moral of the story is to make sure that your IFR flights touch controlled airspace at some point, and that you file and receive a clearance, in spite of the fact the rules say you can do otherwise.

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  8. Heather McNevin on Jan 10, 2012

    I believe the question was trying to address the different classes of airspace.  Whats legal isn’t always wise.  It’s legal to take off in zero zero, but if you had a problem you couldn’t get back in.  If you were thinking of this situation in real life, I’d strongly advise against doing it.  Just because it is uncontrolled airspace, doesn’t mean that nobody else is out there.  For example, I (as a controller) can clear a pilot for an approach into an airport in uncontrolled airspace.  Many of the airports in my airspace are in class G airspace.  I don’t have radar coverage to the ground in almost all of those instances.  So, if there were a plane cleared for approach and executing that approach under IFR conditions, and you were out there in a nonradar area not talking to ATC you could have difficulty separating yourself from the other aircraft.  Also consider who will come looking for you and how much information have you left for them.  No flight plan, no ATC clearance, etc.  I’ve seen the unfortunate result of such a situation where the aircraft crashed, left no information, wasn’t talking to ATC.  An ELT signal was the only thing that we had to go on.  SARSAT doesn’t track ELTs on 121.5 anymore.  If it’s low IFR, you’re not going to get airborne SAR until it starts to clear up.  While I agree with trying to find the regs to support your theory for the test, don’t lose sight of what is smart just because it may be legal.  Good luck on your test!

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  9. Glenn ingle on Sep 20, 2012

    In the Caribbean you sqauk 1100 and I believe it’s the same for the US.
    I flew out of the Dominic republic for 1 year (befor thay had radar) and we used 1100 as per the notes on the Jeppsen inrute. Also in Africa it’s the same. Carefull each country has their own code. My new question is what do you squak on taxi out if you don’t have your clearance from atc(Thay don’t like giving your clearance at an uncontrold airport until you are number one for departure) now that the AIM has been changed to recommend turning on your transponder before taxi.

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  10. fernando on Nov 04, 2012

    I have been taught you can fly IFR without flight plan from an uncontrolled airspace but you need to open one once on the air with the first ATC you get in contact and before entering the CTR.

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  11. Vanessa Edwards on Feb 10, 2013

    “In the Caribbean you sqauk 1100 and I believe it’s the same for the US.”

    From FAAO 7110.65, Air Traffic Control:

    5−2−6. FUNCTION CODE ASSIGNMENTS
    Unless otherwise specified by a directive or a letter of
    agreement, make nondiscrete code assignments from
    the following categories:
    a. Assign codes to departing IFR aircraft as
    follows:

    2. Code 1100 to an aircraft which will remain
    below FL 240 or below FL 180 as above.

    1100, is a code that is supposed to be assigned by ATC, and should not be used as stated above.

    Also:

    b. Instruct IFR aircraft which cancel an IFR flight
    plan and are not requesting radar advisory service, and
    VFR aircraft for which radar advisory service is being
    terminated to squawk the VFR code.

    If you are IFR and not on a flight plan in uncontrolled airspace use 1200.

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  12. Mark Kolber on Feb 12, 2013

    >>Nathan, your answer about the NTSB ruling and 91.13 is quite intriguing. I’d love to read more about that case. Do you know any way to track down the particulars?<<

    For anyone else interested, the NTSB decision is here: http://www.ntsb.gov/alj/o_n_o/docs/AVIATION/3935.PDF

    My take is that's it's based on the facts – a takeoff under IFR without a clearance (that would become effective once in controlled airspace) on a flight that is heading into controlled airspace and could create conflicts with other IFR traffic.

    Two keys to the discussion are that (a) the Part 91 regs covering IFR are of two types. Some say, "under IFR." Others say "under IFR in controlled airspace" and (b) ATC can only issue clearances for activities in controlled airspace.

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  13. Thomas A.Isham on Jun 08, 2013

    Ok…So..I am not an Instructor..these are my interpretations of the FAR’s and in my opinion, the way to keep your Certificate and your life intact.

    It is legal to fly in IMC in class G without a clearance.. but it is reckless and dangerous and you will be violated if any FAA personnel figures out what you did.

    As Heather McNevin mentioned above, a Controller can clear an IFR aircraft into the uncontrolled airspace you are flying in.

    So this is what you do in the real world. File a flight plan and make a phone call. It can take 3-6 minutes on average. (888) 766-8267 Lockheed Martin Nation wide clearance Delivery system.

    example…Cessna N1234 departing Durango..Delta, Romeo, Oscar.. Colorado ….IFR to Albuquerque….Alpha Bravo Quebec.. New Mexico..Holding short of Runway 21 number one for departure.

    A Lockeed Martin briefer will hear this recorded message.. then confirm the information…he will then put you on hold and contact the ATC controller who will give the clearance to the briefer with a void time. the briefer clears you…you read it back and go fly safe.. you may get cleared and issued..”hold for release”…this is usually due to traffic above in your vicinity or initial route. in that case you stay on hold and wait for, the magic words , N1234 released for departure at this time.

    Now remember you are responsible obstruction clearance until you are radar Identified and confirm your altitude with the ATC controller on the radio. It can be easy to accept a clearance and fly directly into a mountain or tower. Read the AFD and fly the published departure procedure for that runway if necessary. If you are flying a multi engine aircraft you must assure that in the event of losing one engine you can climb to a safe altitude…The MSA is a good rule of thumb unless your on an airway or SID departure and know exactly the Climb Gradient or altitude you must meet.

    In some situations I believe it is safe to depart from an uncontrolled airport in marginal VFR conditions if …you monitor both the CTAF and approach control freq’s..you have a TCAS equip airplane and call ATC asap…to get that clearance that has been filed.

    This is the only time my airplane may fly into a cloud briefly in uncontrolled airspace without a clearance..I am not going to crank and bank the plane to maintain VFR cloud obstruction clearances if i can see the surrounding area, have been monitoring both ATC and the CTAF for several minutes, have TCAS, know i will be back VMC in seconds and know my clearance is imminent.

    But bottom line some FAA could try and violate you for Reckless and Dangerous..

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  14. Mark Kolber on Jun 09, 2013

    Nathan, your answer about the NTSB ruling and 91.13 is quite intriguing. I’d love to read more about that case. Do you know any way to track down the particulars?

    For anyone else interested, it’s here:
    http://www.ntsb.gov/alj/o_n_o/docs/AVIATION/3935.PDF

    My personal take is that it’s situational. The problem in the case was not that there was no-notice IFR flight in uncontrolled airspace, but that there was no-notice IFR flight by an aircraft in uncontrolled airspace that planned to enter controlled airspace in a situation that could potentially cause a problem in controlled airspace.

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  15. Bromschwig on Feb 09, 2016

    This is actually quite simple, and the rule has not changed in years. It is completely legal to operate under Instrument Flight Rules in uncontrolled airspace without a clearance, flight plan, or contact with ATC. There are basically four altitudes in the USA where controlled airspace begins on the low side: ground level, 700 ft agl, 1200 ft agl and 14,500 ft msl. You MUST be instrument rated however to fly under IFR no matter where you are. Yes it\\\’s pretty hard to fly around in class g under 700\\\’ agl from airport to airport, and only slightly easier in the 1200\\\’ regions, due to obstacle avoidance requirements of 0/500/1000 feet depending on where you are. In the western parts of the USA, it is quite easy, in fact it is the only way. ATC will not issue you a clearance outside of controlled airspace. So it can be done safely under certain conditions. The biggest reason that the rule exists to remain 500 feet below the clouds in controlled airspace, is so that the VFR pilot will not be skimming the cloud bottoms near an airport and suddenly be facing into the landing lights of a lear jet on and instrument approach who descends out from the cloud deck. The 500 ft buffer gives the VFR pilot time to see and avoid. Same with the 1000 ft and 2000 ft cloud buffers. ATC never is required to provide separation between IFR and VFR aircraft except in class B airspace. So these buffers give the unsuspecting VFR pilot time and room to see and avoid. Many of the old transition zones, or control zones, were put in place only to bring controlled airspace down to the ground to prevent \\\”clear of clouds\\\” vfr pilots from operating while IFR flights are either departing or arriving using instrument procedures with NO see and avoid time.

    I have done it many times, and during the controllers strike of 1980 when Reagan fired all of the controllers, it was common practice. Your largest threat to flying this way is a collision with another aircraft doing the same thing. You should not be sharing the airspace with other IFR traffic on a clearance, and the VFR pilots should not be there either in IMC. The largest threat was a mid-air with another IFR aircraft flight in G airspace. Flight altitudes for east/west flights provided some level of separation, and blind transmission did the rest on 122.8. Now with TCAS and other traffic solutions, I would think a midair would be highly unlikely in this scenario, but never impossible.

    VFR visibility and cloud clearance requirements were not put in the FARs to make sure VFR only pilots had adequate visual reference to fly visually, they were put in to be sure VFR pilots would have time to see and avoid an IFR aircraft climbing out of the top of, descending out of the bottom of, or flying out of the side of a cloud. The reason it is 500 ft below, 1000 above, and 2000 horizontally (usually) is that traffic usually descends more slowly than it climbs, and the TAS is much higher that the descent rate when flying out of the side of a cloud. Also why in higher altitudes, the numbers are even higher. Jets are required to maintain 250 kts below 10,000 ft, so above this, the distance to stay away from clouds is even greater to have the same SEE and AVOID buffer time.

    I could not find the NTSB report, dead link, so I was not able to see why this pilot got violated.

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