By Joel Turpin, ATP/CFII/FAA Master Pilot
We’ve all done it. We are flying along VFR and upon reaching our destination, we find a cloud layer has formed beneath us that will require an instrument approach to get through the weather. What to do? Getting a pop-up IFR clearance to let down through the clouds is the obvious answer. With that thought in mind, we call up approach control and say the following, for example:
“Allentown Approach, Arrow 15256, information Victor, I’m VFR at 4,500 feet, landing at Allentown. I need an IFR clearance for an approach to get through the clouds.”
Most of the time, the controller will issue a squawk code and ask what kind of airplane you are flying. Once he or she knows who you are and what you need, an IFR clearance such as below may be forthcoming:
“Arrow 15256 Ident, you are cleared to the Lehigh Valley International Airport via radar vectors. Fly heading 210, descend to 4,000 feet. Expect the ILS to Runway 24.”
We fly the ILS approach, pop out of the weather and voila! There’s the runway and we land – end of story. Except for one small detail. What we just did was illegal.
While we were operating on an IFR clearance, we were not on an IFR flight plan, and both are required to fly under IFR.
Because the requirements to get a pop-up IFR clearance are misunderstood by some pilots, a review of what the FARs say is in order.
Far 91.173 ATC Clearance and Flight Plan Required
No person may operate an aircraft in controlled airspace under IFR unless that person has:
- Filed an IFR flight plan, and
- Received an appropriate ATC Clearance
Some, but not all, air traffic controllers will simply issue a pop-up IFR clearance for an approach without first asking if you do have an IFR flight plan on file. This is done for your convenience, or for expedience. Keep in mind that it is not the controller’s responsibility to make certain you are flying legally. That is the responsibility of the pilot in command.
And few, if any of us, who have gotten the pop-up IFR clearance without first filing an IFR flight plan have had any consequences for that action. However, if there is an incident, accident, or an investigation for some other reason, the FAA will discover that you were flying in violation of FAR91.173 and consequences could follow.
Another Reason You Should Always Receive Flight Following
This scenario emphasizes the wisdom of always getting flight following when operating under VFR. If the need for a pop-up IFR clearance should arise, you may already be communicating with the controller who will issue the clearance. In addition, he or she already knows who you are, what kind of airplane you are flying, where you are, your destination, and that you will already be squawking a discrete transponder code.
All that is left is to call the FSS to air file an IFR flight plan, or if you are at or below about 3,000 feet AGL, and your airplane can connect to Wi-Fi, air file an IFR fight plan on your iPad.
