A remarkably confident statement, given that the only evidence we have says it's not legal.
qoute from the LAW Judge "In dismissing the 91.155(a) charge and affirming a 90-day suspension, the law judge relied on our decision in Administrator v. Vance, 5 NTSB 1037 (1986), wherein we held that an instrument-rated pilot's takeoff -- without an ATC clearance -- into uncontrolled airspace in instrument meteorological conditions(IMC) was technically legal
under the predecessor section tosection 91.155(a), but was nonetheless careless, in violation of the predecessor to section 91.13(a)
So yes it was a confident statement. The AIM has IFR requirements for class G. a clearance or atc communications is not one of them. Every IFR clearance I have ever picked up from a Golf airport included the comment upon entering controlled airspace.
I am not trying to argue weather it is safe or unsafe. Personally I think it is stupid to launch into a cloud unless you are on an ifr clearance. obviously there are places where it is a normal practice (e.g. Alaska) but for most of the country it is not necessary. I think where we disagree is that because they STILL violated him that presumes it was/is illegal. I take it that his actions where careless because of the situation he was in, and the choice's he made. You or I could possibly take off IFR in class G and depending on the circumstances it would be perfectly legal.
Good attitude to have if you want to get violated.
"I don't care what the NTSB said even though they make the rules...this is what is right and wrong"
I'm not trying to be a d*ck to you or anyone else, but really, neither you nor I get to interpret the regulations. The guys that came up with this decision do. They interpreted that what he did was illegal. Whatever regulation they got him for, it's illegal. Period.
If you get your certificate suspended, the application doesn't say "have you had your certificate suspended or revoked for violating an actual rule or just for 'careless and reckless' operation?" It just says "...suspended or revoked". Good luck explaining that.
Conservative approaches. Works good, last long time.
anti-authority? If you re-read my comment I agreed with the ruling that it was careless. That doesn’t change the facts. In my part of the country I would never teach such an operation, I would bet they WOULD violate you in this area if you tried it.
this all goes back to planning and decision making. Early morning low level clouds are very common around here, you plan accordingly!
By the way, the NTSB is not regulatory nor do they have enforcement powers, they only make recommendations.