Accepted special VFR clearance when aircraft not qualified IFR.

Attributes
ACN	99872
Time
Date	198811
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : bet
State Reference	AK
Altitude	msl bound lower : 2000 msl bound upper : 2000
Environment
Flight Conditions	Mixed
Light	Night
Aircraft 1
Controlling Facilities	tower : bet
Operator	common carrier : air taxi
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other descent : approach
Flight Plan	None
Person 1
Affiliation	company : air taxi
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : commercial
Experience	flight time last 90 days : 100 flight time total : 3000 flight time type : 100
ASRS Report	99872
Person 2
Affiliation	government : faa
Function	controller : local
Qualification	controller : non radar
Events
Anomaly	inflight encounter other non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I departed st marys at XA55 local time for bethel. It was 30 mins before civil, bethel was reporting good VFR. I was in cavu in st marys. I reached the control zone at approximately civil. The tower at that time was calling 18000 ft overcast and 2 mi visibility due to ice crystals. Special VFR clrncs were being issued. We held out of the zone and were issued a special at approximately XB00. I was on a 135 VFR flight, company policy is no specials after civil unless the pilot is IFR current and aircraft meets night VFR regulations. I'm IFR current and the aircraft met night VFR requirements, but after reading 91.171 the aircraft must also be IFR. Solution is to get the company to research its policy and I will not accept anything less than basic VFR at night. I would appreciate any comments or interpretations you may have in the areas of VFR flight into a control zone after civil 135. Callback conversation with reporter revealed the following: company has had a general pilot review of far and they have elected not to fly under special VFR conditions. At one time the FAA permitted the return flight to be operated under part 91 since no passenger were on board but now they are requiring the entire flight comply with part 135. Aircraft are equipped for IFR flight with the exception of the required check of the static system. FAA has not investigated the reported incident.

Original NASA ASRS Text

Title: ACCEPTED SPECIAL VFR CLRNC WHEN ACFT NOT QUALIFIED IFR.

Narrative: I DEPARTED ST MARYS AT XA55 LCL TIME FOR BETHEL. IT WAS 30 MINS BEFORE CIVIL, BETHEL WAS RPTING GOOD VFR. I WAS IN CAVU IN ST MARYS. I REACHED THE CTL ZONE AT APPROX CIVIL. THE TWR AT THAT TIME WAS CALLING 18000 FT OVCST AND 2 MI VISIBILITY DUE TO ICE CRYSTALS. SPECIAL VFR CLRNCS WERE BEING ISSUED. WE HELD OUT OF THE ZONE AND WERE ISSUED A SPECIAL AT APPROX XB00. I WAS ON A 135 VFR FLT, COMPANY POLICY IS NO SPECIALS AFTER CIVIL UNLESS THE PLT IS IFR CURRENT AND ACFT MEETS NIGHT VFR REGS. I'M IFR CURRENT AND THE ACFT MET NIGHT VFR REQUIREMENTS, BUT AFTER READING 91.171 THE ACFT MUST ALSO BE IFR. SOLUTION IS TO GET THE COMPANY TO RESEARCH ITS POLICY AND I WILL NOT ACCEPT ANYTHING LESS THAN BASIC VFR AT NIGHT. I WOULD APPRECIATE ANY COMMENTS OR INTERPRETATIONS YOU MAY HAVE IN THE AREAS OF VFR FLT INTO A CTL ZONE AFTER CIVIL 135. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: COMPANY HAS HAD A GENERAL PLT REVIEW OF FAR AND THEY HAVE ELECTED NOT TO FLY UNDER SPECIAL VFR CONDITIONS. AT ONE TIME THE FAA PERMITTED THE RETURN FLT TO BE OPERATED UNDER PART 91 SINCE NO PAX WERE ON BOARD BUT NOW THEY ARE REQUIRING THE ENTIRE FLT COMPLY WITH PART 135. ACFT ARE EQUIPPED FOR IFR FLT WITH THE EXCEPTION OF THE REQUIRED CHK OF THE STATIC SYS. FAA HAS NOT INVESTIGATED THE RPTED INCIDENT.

Data retrieved from NASA's ASRS site as of August 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.