Carried over from another topic; let's debate the question a UND student came up with in the late 1980s, that eventually went so far as to become a FAA NPRM (Notice of Proposed Rulemaking)
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Just found a paragraph in "FARs Explained", Kent S. Jackson (attorney specializing in Aviation).
Excerpt from the breakdown and case examples of FAR 61.51.
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Actual instrument conditions may occur during a flight on a moonless night over the ocean with no discernible horizon, if use of the instruments is necessary to maintain adequate control over the aircraft. The determination of whether such a flight could be logged under part 61.51 is subjective and based in part on the sound judgment of the pilot. The log should include the reasons for determining the flight was under actual instrument conditions in the even the entry is challenged.
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I also found a bunch of other references to this paragraph that stipulate that there can be zero surface lights anywhere in the pilots field of view, along with no horizon, and no sky references either. Translation you need to be pretty darn far off shore or deep into the desert out of view of all lights and under overcast with no ambient light to produce a horizon. I cant thing of a single time when I personally met all of these requirements without actually being in the clouds. Its possible, but if a person has a bunch of instrument hours logged this way I would raise the BS flag.
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My point exactly. IMO, there's very few situations where this would qualify, ie the over the ocean or REAL middle of nowhere desert, I wouldn't imagine there'd be many hours that'd qualify.
Obviously, the "all night time as actual" is BS, we all agree to that.
Now, the PPL (non-instrument) question portion that I knew we'd get into: Whether he shoulda been there or not.....
On a clear night, a PPL is obviously legal to fly. How can he know a "dark" night with no lights/horizon? What if he wants to fly from PRC to IGM, or PHX to ABQ? Is it not legal? I believe it is.
But wait a minute....there's all of a sudden no horizon in the middle of nowhere (first time flying the route), is he still legal? Should he turn around? Is it actual? Can it be logged?
Like the UND student in the late 1980s asked in his research paper....should an instrument rating be REQUIRED for night flying, if not for this one occurrance? Remember, this could happen in any number of places in CA, NV, AZ, NM, etc to varying degrees
Let the debate begin..........
[ QUOTE ]
Just found a paragraph in "FARs Explained", Kent S. Jackson (attorney specializing in Aviation).
Excerpt from the breakdown and case examples of FAR 61.51.
[ QUOTE ]
Actual instrument conditions may occur during a flight on a moonless night over the ocean with no discernible horizon, if use of the instruments is necessary to maintain adequate control over the aircraft. The determination of whether such a flight could be logged under part 61.51 is subjective and based in part on the sound judgment of the pilot. The log should include the reasons for determining the flight was under actual instrument conditions in the even the entry is challenged.
[/ QUOTE ]
I also found a bunch of other references to this paragraph that stipulate that there can be zero surface lights anywhere in the pilots field of view, along with no horizon, and no sky references either. Translation you need to be pretty darn far off shore or deep into the desert out of view of all lights and under overcast with no ambient light to produce a horizon. I cant thing of a single time when I personally met all of these requirements without actually being in the clouds. Its possible, but if a person has a bunch of instrument hours logged this way I would raise the BS flag.
[/ QUOTE ]
My point exactly. IMO, there's very few situations where this would qualify, ie the over the ocean or REAL middle of nowhere desert, I wouldn't imagine there'd be many hours that'd qualify.
Obviously, the "all night time as actual" is BS, we all agree to that.
Now, the PPL (non-instrument) question portion that I knew we'd get into: Whether he shoulda been there or not.....
On a clear night, a PPL is obviously legal to fly. How can he know a "dark" night with no lights/horizon? What if he wants to fly from PRC to IGM, or PHX to ABQ? Is it not legal? I believe it is.
But wait a minute....there's all of a sudden no horizon in the middle of nowhere (first time flying the route), is he still legal? Should he turn around? Is it actual? Can it be logged?
Like the UND student in the late 1980s asked in his research paper....should an instrument rating be REQUIRED for night flying, if not for this one occurrance? Remember, this could happen in any number of places in CA, NV, AZ, NM, etc to varying degrees
Let the debate begin..........