I was challenged by a Fellow pilot over a scenario he presented to me.
The scenerio: An instrument pilot plans to departed an airport under VFR in cessna 172 not certified for IFR flight. It's a 2 hr flight to the destination. At the time of departure it is VFR. The destination airport is VFR and is forecast to remain VFR at the time of arrival. However along the route is a solid overcast layer (ceilings around 1200 AGL). Since the instrument pilot is flying an airplane not legal for IFR flight, he can not request a "VFR on Top" clearance. Since the airplane is not legal to fly into IMC, the pilot elects to continue the flight in VMC by flying "VFR over the Top" for approx 2 hrs over the overcast layer and descend into the destination airport under VMC. (We all agree that in this scenario it is not smart to fly an airplane not legal for IFR flight over an overcast for so long)
Question: Did the pilot break any FAR's?
What about FAR 91.507 - No person may operate an airplane over-the-top or at night under VFR unless that airplane is equipped with the instruments and equipment required for IFR operations under 91.205(d) and one electric landing light for night operations. Each required instrument and item of equipment must be in operable condition.
Question: Does FAR 91.507 even apply to a pilot operating a small single engine airplane or does this Regulation only apply to Large and Turbine-Powered Multi-engine Airplanes and Fractional Ownership Program Aircraft.
Question: Would the pilot be breaking 91.507 if the pilot was being compensated for the flight.
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