Right-22 instructor and student pilot on an IFR flight plan declined an ATC request to descend into ...

Attributes
ACN	981029
Time
Date	201111
Local Time Of Day	1801-2400
Place
Locale Reference	ZZZ.Airport
State Reference	US
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Make Model Name	Robinson R22
Operating Under FAR Part	Part 91
Flight Phase	Descent
Route In Use	Direct Vectors
Flight Plan	IFR
Person 1
Function	Instructor Pilot Not Flying
Qualification	Flight Crew Instrument Flight Crew Flight Instructor Flight Crew Commercial
Experience	Flight Crew Last 90 Days 200 Flight Crew Total 840 Flight Crew Type 840
Person 2
Function	Pilot Flying Trainee
Qualification	Flight Crew Instrument Flight Crew Commercial Flight Crew Air Transport Pilot (ATP) Flight Crew Multiengine
Experience	Flight Crew Last 90 Days 10 Flight Crew Total 6100 Flight Crew Type 65
Events
Anomaly	Deviation - Procedural FAR Deviation - Procedural Published Material / Policy

Narrative:

I was on a filed IFR flight plan for the purpose of simulating instrument flight and doing practice approaches. We flew the RNAV 28 into ZZZ and proceeded to ZZZ2 for the localizer/DME back course 18. We were instructed to climb to 4;000 ft. There was no cloud cover at that time. As we got about 20 NM from ZZZ2 we had an overcast ceiling of about 2;700 ft. We were flying a robinson R-22 helicopter which is not certified to fly in IMC conditions. We requested a frequency change to contact FSS who gave us the weather at ZZZ2 and ZZZ3. When we got back on with control and requested to proceed direct to ZZZ3 for the VOR 21; we received the clearance to proceed direct and maintain 4;000 ft. When we were about 30 NM out we received the clearance to descend to 2;700 ft and we responded that we were unable to descend into the clouds. The controller said that we were on an IFR flight plan and couldn't understand why we were declining to descend. We responded that our aircraft was not certified to go into the clouds and that we could not descend at that time. The controller said to advise when we were able to descend. About five minutes later; the cloud layer broke and we started our descent. We went down to about 3;600 ft and the controller said that we were not cleared to descend and that we needed a clearance to descend and we were now cleared to descend to 2;700 ft. Once we got back to our home base; the FAA contacted us to find out why we had filed an IFR flight plan and would not comply with the order to descend into the clouds. I now understand that I cannot fly in a VFR on top condition even though on an IFR flight plan if I can't stay in VFR flight.

Original NASA ASRS Text

Title: R-22 Instructor and Student pilot on an IFR flight plan declined an ATC request to descend into IMC because their helicopter was not IFR certified.

Narrative: I was on a filed IFR flight plan for the purpose of simulating instrument flight and doing practice approaches. We flew the RNAV 28 into ZZZ and proceeded to ZZZ2 for the LOC/DME BC 18. We were instructed to climb to 4;000 FT. There was no cloud cover at that time. As we got about 20 NM from ZZZ2 we had an overcast ceiling of about 2;700 FT. We were flying a Robinson R-22 helicopter which is not certified to fly in IMC conditions. We requested a frequency change to contact FSS who gave us the weather at ZZZ2 and ZZZ3. When we got back on with control and requested to proceed direct to ZZZ3 for the VOR 21; we received the clearance to proceed direct and maintain 4;000 FT. When we were about 30 NM out we received the clearance to descend to 2;700 FT and we responded that we were unable to descend into the clouds. The Controller said that we were on an IFR flight plan and couldn't understand why we were declining to descend. We responded that our aircraft was not certified to go into the clouds and that we could not descend at that time. The Controller said to advise when we were able to descend. About five minutes later; the cloud layer broke and we started our descent. We went down to about 3;600 FT and the Controller said that we were not cleared to descend and that we needed a clearance to descend and we were now cleared to descend to 2;700 FT. Once we got back to our home base; the FAA contacted us to find out why we had filed an IFR flight plan and would not comply with the order to descend into the clouds. I now understand that I cannot fly in a VFR on top condition even though on an IFR flight plan if I can't stay in VFR flight.

Data retrieved from NASA's ASRS site as of April 2012 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.

Right-22 instructor and student pilot on an IFR flight plan declined an ATC request to descend into IMC because their helicopter was not IFR certified.