Narrative:

I was out of IFR currency, working with a cfii to re-establish it. Accordingly, I limited myself to VFR flying. I was on a trip from mke to osh. Mke WX 6 mi, haze scattered at 4000 ft. Osh WX was reporting greater than 6 mi, haze, scattered 4000 ft and forecasts for the area indicated improving conditions. Winds were negligible (maybe part of the problem). I received instructions from clearance delivery to depart to the north plus a squawk. We took off on runway 7L turning north on radar vectors. The haze looked less than the reported 6 mi, and while I could see mostly blue above me (while at 3000 ft) I was noticing scattered clouds that were closer to broken than few. I was familiar with the mke area and knew of tv antennae to the north that were approximately 1800 ft MSL, and while I was higher than that, didn't feel comfortable with what could have been deteriorating VFR. Based upon the reported osh WX and area forecasts, I elected to climb to 6500 ft where it was clear with excellent visibility (was there an inversion?). I was tracking on osh VOR, and noticed familiar landmarks below (etb), but was noticing them through sucker holes in a thin broken undercast (tops around 3500-4000 ft?). Wasn't feeling comfortable. Choices were: 1) to let down into the haze while I could and then divert to etb, etc, 2) return to a busy class C environment in marginal VFR, 3) continue on top to osh and hope that there would still be holes for a letdown. I elected to continue. As a safety precaution, I contacted ZAU and asked for a pop-up IFR clearance, present position to osh. Was given clearance direct plus a new squawk. Was cleared for ILS runway 36 at osh and started the descent going through a sucker hole while clipping its front end. The layer was still thin and as soon as I was below it, I saw osh about 8 mi ahead. Landed uneventfully. Can a non current pilot file IFR to get out of a jam? My sense of the FARS says no, but my knowledge of the consequences of blundering around in MVFR says yes. Declaring an emergency in this situation didn't seem appropriate. Callback conversation with reporter revealed the following information: reporter stated that he did not want to declare an emergency to ATC for a flight assist since he only lacked the IFR currency requirements. Therefore, since the WX was marginal IFR, and the aircraft met IFR requirements, he decided to request an IFR clearance for the descent and approach. He further stated that he had just accepted the chief flight instructor's position at a local flight school and wanted to know if he was in violation for what he did and for the interest of teaching his students the legal requirements for accepting an IFR clearance.

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Original NASA ASRS Text

Title: INST RATED COMMERCIAL FLT INSTRUCTOR OUT OF INST CURRENCY ACCEPTED AN IFR CLRNC FOR DSCNT AND APCH DUE TO DETERIORATING WX CONDITIONS.

Narrative: I WAS OUT OF IFR CURRENCY, WORKING WITH A CFII TO RE-ESTABLISH IT. ACCORDINGLY, I LIMITED MYSELF TO VFR FLYING. I WAS ON A TRIP FROM MKE TO OSH. MKE WX 6 MI, HAZE SCATTERED AT 4000 FT. OSH WX WAS RPTING GREATER THAN 6 MI, HAZE, SCATTERED 4000 FT AND FORECASTS FOR THE AREA INDICATED IMPROVING CONDITIONS. WINDS WERE NEGLIGIBLE (MAYBE PART OF THE PROB). I RECEIVED INSTRUCTIONS FROM CLRNC DELIVERY TO DEPART TO THE N PLUS A SQUAWK. WE TOOK OFF ON RWY 7L TURNING N ON RADAR VECTORS. THE HAZE LOOKED LESS THAN THE RPTED 6 MI, AND WHILE I COULD SEE MOSTLY BLUE ABOVE ME (WHILE AT 3000 FT) I WAS NOTICING SCATTERED CLOUDS THAT WERE CLOSER TO BROKEN THAN FEW. I WAS FAMILIAR WITH THE MKE AREA AND KNEW OF TV ANTENNAE TO THE N THAT WERE APPROX 1800 FT MSL, AND WHILE I WAS HIGHER THAN THAT, DIDN'T FEEL COMFORTABLE WITH WHAT COULD HAVE BEEN DETERIORATING VFR. BASED UPON THE RPTED OSH WX AND AREA FORECASTS, I ELECTED TO CLB TO 6500 FT WHERE IT WAS CLR WITH EXCELLENT VISIBILITY (WAS THERE AN INVERSION?). I WAS TRACKING ON OSH VOR, AND NOTICED FAMILIAR LANDMARKS BELOW (ETB), BUT WAS NOTICING THEM THROUGH SUCKER HOLES IN A THIN BROKEN UNDERCAST (TOPS AROUND 3500-4000 FT?). WASN'T FEELING COMFORTABLE. CHOICES WERE: 1) TO LET DOWN INTO THE HAZE WHILE I COULD AND THEN DIVERT TO ETB, ETC, 2) RETURN TO A BUSY CLASS C ENVIRONMENT IN MARGINAL VFR, 3) CONTINUE ON TOP TO OSH AND HOPE THAT THERE WOULD STILL BE HOLES FOR A LETDOWN. I ELECTED TO CONTINUE. AS A SAFETY PRECAUTION, I CONTACTED ZAU AND ASKED FOR A POP-UP IFR CLRNC, PRESENT POS TO OSH. WAS GIVEN CLRNC DIRECT PLUS A NEW SQUAWK. WAS CLRED FOR ILS RWY 36 AT OSH AND STARTED THE DSCNT GOING THROUGH A SUCKER HOLE WHILE CLIPPING ITS FRONT END. THE LAYER WAS STILL THIN AND AS SOON AS I WAS BELOW IT, I SAW OSH ABOUT 8 MI AHEAD. LANDED UNEVENTFULLY. CAN A NON CURRENT PLT FILE IFR TO GET OUT OF A JAM? MY SENSE OF THE FARS SAYS NO, BUT MY KNOWLEDGE OF THE CONSEQUENCES OF BLUNDERING AROUND IN MVFR SAYS YES. DECLARING AN EMER IN THIS SIT DIDN'T SEEM APPROPRIATE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE DID NOT WANT TO DECLARE AN EMER TO ATC FOR A FLT ASSIST SINCE HE ONLY LACKED THE IFR CURRENCY REQUIREMENTS. THEREFORE, SINCE THE WX WAS MARGINAL IFR, AND THE ACFT MET IFR REQUIREMENTS, HE DECIDED TO REQUEST AN IFR CLRNC FOR THE DSCNT AND APCH. HE FURTHER STATED THAT HE HAD JUST ACCEPTED THE CHIEF FLT INSTRUCTOR'S POS AT A LCL FLT SCHOOL AND WANTED TO KNOW IF HE WAS IN VIOLATION FOR WHAT HE DID AND FOR THE INTEREST OF TEACHING HIS STUDENTS THE LEGAL REQUIREMENTS FOR ACCEPTING AN IFR CLRNC.

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.