Okay, let's say hypothetically, someone has an ATP and instrument rating in helicopters, but only private pilot privileges in single engine land. Let's say the weather turns bad unexpectedly on this person while they are flying a PA28, and they encounter inadvertent IMC. The aircraft is IFR certified, and the pilot is instrument current in helicopters. They get up on approach and request a squawk code and vectors for the nearest RNAV approach to get down safely. They get vectors to the final approach fix and safely execute the LPV approach. Would the pilot technically be in violation? Would it be considered an emergency? How would you handle this situation as a CFI or controller?
Ok, let’s break down your question.
The pilot is not going to have an ATP with an IR.
61.5(b)(8).
Instrument ratings (on private and commercial pilot certificates only)—
61.167 Airline transport pilot privileges and limitations.
(a) Privileges.
(1) A
person who holds an airline transport pilot certificate is entitled to the same privileges as a
person who holds a commercial pilot certificate with an
instrument rating.
61.3 (e) Instrument rating. No
person may act as
pilot in command of a
civil aircraft under
IFR or in weather conditions less than the minimums prescribed for
VFR flight unless that
person holds:
(1) The appropriate
aircraft category, class, type (if required), and
instrument rating on that
person's pilot certificate for any
airplane,
helicopter, or
powered-lift being flown;
§ 91.3 Responsibility and authority of the
pilot in command.
(a) The
pilot in command of an
aircraft is directly responsible for, and is the final authority as to, the operation of that
aircraft.
(b) In an in-flight emergency requiring immediate action, the
pilot in command may deviate from any
rule of this part to the extent
required to meet that emergency.
§ 91.103 Preflight action.
Each
pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include
a) For a flight under
IFR or a flight not in the vicinity of an
airport, weather reports and forecasts, fuel requirements,
alternatives available if the planned flight cannot be completed, and any known traffic delays of which the
pilot in command has been advised by
ATC;
91.13 Careless or reckless operation.
(a) Aircraft operations for the purpose of air navigation. No
person may operate an
aircraft in a careless or reckless manner so as to endanger the life or property of another.
The pilot created the emergency by continuing the flight without an alternative to violating an FAR and FAA could violate under 61.3 as well as 91.13 Careless Operation and 91.103 Preflight Action.
If he declared an emergency under IFR, the controller will forward to the FAA and the FAA is likely to investigate.
