d. Aircraft Not Certificated for Flight in Icing Conditions.
(1) Aircraft certificated since the mid-1970s that are not certificated for flight in icing conditions will have a limitation in the AFM or POH and possibly a placard on the aircraft stating that flight into “known icing conditions” is prohibited. “Known icing conditions,” as defined in the AIM, are conditions in which ice is observed or detected in flight, by your aircraft or another aircraft, or an airport. Such limitations are binding under § 91.9, Civil aircraft flight manual, marking, and placard requirements, and this regulation takes precedence over §§ 91.527 and 135.227. However, if a pilot of such an airplane were to takeoff and fly in area in which icing is forecast (e.g., AIRMET Zulu), it is expected the pilot will through preflight planning and in-flight execution:
(a) First attempt to avoid areas of “potential icing conditions”, which are areas of visible moisture such as clouds at temperatures below freezing;
(b) Ifthatisnotpractical,attempttoavoidareasofforecasticingbyalltools available (e.g., AIRMETs, SIGMETs, CIP and FIP); and
immediately.
(c) If icing is encountered, declare an emergency and exit the conditions
NOTE: Failure to follow the section above may result in enforcement action under § 91.103, Preflight action, or § 91.13, Careless or reckless operation, depending on the circumstances and the actions a reasonable pilot will take. Pilot should remember, these airplanes were not tested for inadvertent encounters and since most icing conditions consist of small drops and low LWC, should not assume their airplane can tolerate all icing conditions after one successful encounter.
(2) Aircraft certificated prior to the mid-1970s that are not certificated for flight in icing conditions may not have any prohibitions stated in the AFM or POH. If not, they are not covered by either § 91.527 or § 91.9. However, given that information on the dangers of aircraft icing has been widely disseminated for many years, certain actions, such as taking off with wings coated with ice, could be interpreted as prohibited under § 91.13.