Narrative:

I have, on several occasions, filed instrument flight plans on night far part 135 charter trips from cmh to mdw and return while being over my 6 month limit for far 135.297 recertification. Attempts were made to schedule the 135.297 FAA check rides before and after the grace period expired. The operation is being questioned by the FAA columbus FSDO because 135.297 states that IFR operations cannot be conducted by a PIC out of certification. I interpreted this to mean flight operations in IMC. My reasons for filing an IFR flight plan were primarily for safety and the continuous radio and radar contact on the single engine, 2 hour, night legs of flight to and from chicago. The first leg, to chicago, was always empty (no cargo or passenger for hire), so was conducted under far part 91 and could be done in IMC. The return flight with cargo was always conducted in VMC. This was always between XA30 and XB45 EDT. On only 1 flight did I even need to change my usual route to avoid IMC during this 2 week period. I did refile my flight plan with FSS while in chicago and flew a different route home to avoid IMC. Other safety considerations are listed as follows: the aircraft used is well maintained by our company maintenance section. The C182 is instrument equipped with RNAV, DME, dual VOR and communication radios and 2 axis autoplt. I also usually have a company flight instructor pilot, qualified in the C182, with me. They can gain experience by flying a portion of the flight during which no cargo is on board and would be of assistance in the event of an emergency situation. It is my contention that the regulations do not prohibit me from filing an IFR flight plan and avoiding flight into IMC. We have a twin engine aircraft with qualified crew as backup for this charter run when WX and regulations prohibit using our C182.

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Original NASA ASRS Text

Title: C182 PLT ON CARGO FLT IS PAST HIS 6 MONTH PART 135 INST CHK, BUT FLIES IFR ON HIS FLTS. FAA IS INVESTIGATING. FAR.

Narrative: I HAVE, ON SEVERAL OCCASIONS, FILED INST FLT PLANS ON NIGHT FAR PART 135 CHARTER TRIPS FROM CMH TO MDW AND RETURN WHILE BEING OVER MY 6 MONTH LIMIT FOR FAR 135.297 RECERTIFICATION. ATTEMPTS WERE MADE TO SCHEDULE THE 135.297 FAA CHK RIDES BEFORE AND AFTER THE GRACE PERIOD EXPIRED. THE OP IS BEING QUESTIONED BY THE FAA COLUMBUS FSDO BECAUSE 135.297 STATES THAT IFR OPS CANNOT BE CONDUCTED BY A PIC OUT OF CERTIFICATION. I INTERPRETED THIS TO MEAN FLT OPS IN IMC. MY REASONS FOR FILING AN IFR FLT PLAN WERE PRIMARILY FOR SAFETY AND THE CONTINUOUS RADIO AND RADAR CONTACT ON THE SINGLE ENG, 2 HR, NIGHT LEGS OF FLT TO AND FROM CHICAGO. THE FIRST LEG, TO CHICAGO, WAS ALWAYS EMPTY (NO CARGO OR PAX FOR HIRE), SO WAS CONDUCTED UNDER FAR PART 91 AND COULD BE DONE IN IMC. THE RETURN FLT WITH CARGO WAS ALWAYS CONDUCTED IN VMC. THIS WAS ALWAYS BTWN XA30 AND XB45 EDT. ON ONLY 1 FLT DID I EVEN NEED TO CHANGE MY USUAL RTE TO AVOID IMC DURING THIS 2 WK PERIOD. I DID REFILE MY FLT PLAN WITH FSS WHILE IN CHICAGO AND FLEW A DIFFERENT RTE HOME TO AVOID IMC. OTHER SAFETY CONSIDERATIONS ARE LISTED AS FOLLOWS: THE ACFT USED IS WELL MAINTAINED BY OUR COMPANY MAINT SECTION. THE C182 IS INST EQUIPPED WITH RNAV, DME, DUAL VOR AND COM RADIOS AND 2 AXIS AUTOPLT. I ALSO USUALLY HAVE A COMPANY FLT INSTRUCTOR PLT, QUALIFIED IN THE C182, WITH ME. THEY CAN GAIN EXPERIENCE BY FLYING A PORTION OF THE FLT DURING WHICH NO CARGO IS ON BOARD AND WOULD BE OF ASSISTANCE IN THE EVENT OF AN EMER SIT. IT IS MY CONTENTION THAT THE REGS DO NOT PROHIBIT ME FROM FILING AN IFR FLT PLAN AND AVOIDING FLT INTO IMC. WE HAVE A TWIN ENG ACFT WITH QUALIFIED CREW AS BACKUP FOR THIS CHARTER RUN WHEN WX AND REGS PROHIBIT USING OUR C182.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.