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Legally yes, but it would raise too many questions so I wouldn't do it.
Yes this is a lame answer because it means two people in the exact same conditions can't log the same thing.... but at the same time 'joe private pilot' shouldn't be there in the first place.
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This is the exact logic used in many countries that don't allow night flight without an instrument rating. Am I saying that it should be that way? No, but I do understand the logic.
So, the question really should be, "Should a pilot with NO instrument rating be allowed to fly in those conditions?", not, "Can an instrument pilot log that as actual, even though it is flight by reference to instruments?"
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