Which is why I asked the original question... The accident pilot was operating VFR in presumably IMC conditions with "flight following" which is a term of art for VFR ATC assistance and is not an IFR clearance. I believe Skip said the weather in the San Diego area was poor the day of the accident.
Jeff Sent from my iPad
Obviously I was misunderstood, in my question I was talking about "VFR" to VFR on top. Back in the late 1950's, as a tower operator at an Air Force base in Indiana, Indianapolis Center frequently used this clearance for Military scrambles when weather conditions permitted, for obvious reasons (they didn't have to clear any airspace for the scramble). I remember one occasion where an Air Force pilot, after having been given this clearance, flew through a solid layer (at a fairly high altitude) and was busted for doing so.
Hugh
To: lml@lancaironline.netDate: Tue, 22 Jan 2013 15:25:25 -0500 From: ralphlove@stanfordalumni.orgSubject: [LML] Re: IFR to VFR on top When you ask for an IFR clearance, they never ask if you are IFR qualified and current. They just give you the clearance. The same is true with IFR to VFR on top, but legally you better be qualified and current
Pink Panfher Ralph Love
"VFR to VFR-on-top, where you wanted the benefits
of an IFR clearance but some of the freedom of VFR conditions, was a common
clearance used in military scrambles back when I was a military controller. Is
this clearance still available today?"
All I can tell you is that I've not had a problem
getting one when I needed it. I've gotten them from for a couple of
departures from Orange County and Santa Barbara airports when they've had marine
layers on the coast. With tops around 2000' and CAVU conditions just a few
miles inland, it's a good option. I just request it from clearance
delivery and they give me an IFR departure with a clearance limit.
Once I'm on top and am leaving their Class C, I just cancel and proceed
VFR.
When you think about it, it's really no different
than flying somewhere VFR and finding the weather has closed in at your
destination. You call approach, request an IFR clearance to the airport
and they give you one. Not something you'd normally do, but it is an
option.
Skip
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