SINGLE PLT PART 135 FILED IFR WHEN APCHING HNL.
Synopsis
SINGLE PLT PART 135 FILED IFR WHEN APCHING HNL.
Narrative
I TOOK OFF FROM MOLOKAI ARPT IN VFR CONDITIONS ON A VFR FLT PLAN AND CLBED NW TO 3000' MSL TO GET ABOVE THE CLOUDS. REALIZING I WOULD NOT HAVE SUFFICIENT CLOUD CLRNC AT 3000' MSL; I CONTINUED MY CLB TO 4500' MSL. AS I APCHED THE HONOLULU TCA ON THIS PART 135 PAX CARRYING FLT AT 4500' MSL; THERE WAS A LOWER DECK OF SCATTERED TO BROKEN CLOUDS (BASES: 2200' MSL; TOPS: 3000'-5000' MSL) NE TO SE OF HONOLULU. HONOLULU WX WAS VFR (24 SCATTERED 45 SCATTERED 250 SCATTERED 25 88 DEG 67 DEG 06 12 GUST 23 29.93). ANTICIPATING THE POSSIBILITY OF HAVING TO PENETRATE THE CLOUD DECK; I REQUESTED AN IFR CLRNC WITH A VISUAL APCH. HOWEVER; THE VECTORS PROVIDED ME BY HONOLULU APCH CTL CAUSED ME TO SKIRT THE CLOUDS TO THE S AND I REMAINED IN VFR CONDITIONS THROUGHOUT THE ENTIRE APCH. SINCE I STAYED VFR THROUGHOUT THE ENTIRE APCH; I APPARENTLY VIOLATED FAR PART 135.103 'EXCEPTION TO SECOND IN COMMAND REQUIREMENT: IFR OPS.' IF I HAD BEEN UNABLE TO REMAIN VFR THROUGHOUT THE DSCNT; THEN IT WOULD NOT HAVE BEEN A VIOLATION OF THE FAR. THE PROB WAS CAUSED BY AN APPARENT MISINTERP THROUGHOUT THE COMPANY OF THE INTENT OF FAR PART 135.103(C) WHICH STATES: 'AN IFR APCH MAY BE CONDUCTED IF; UPON ARR AT THE DEST ARPT; UNFORECAST WX CONDITIONS DO NOT ALLOW AN APCH TO BE COMPLETED UNDER VFR.' THE ACTION THAT I TOOK HAS BEEN BRIEFED AND ENCOURAGED BY COMPANY OPS AND TRNING PERSONNEL AND IS WIDELY PRACTICED. FROM MY INITIAL INDOCTRINATION TRNING UNTIL THE PRESENT; IT HAS BEEN STRESSED THAT WHEN IN DOUBT; REQUEST AN IFR CLRNC INTO THE TCA. SINCE THE PLTS AND ACFT ARE ALL IFR QUALIFIED; IT WOULD SEEM TO PROVIDE A MORE ORDERLY AND SAFER FLOW OF TFC FOR THE APCH CTLR. I BELIEVE A RECURRENCE OF THIS INCIDENT COULD BE AVOIDED BY MORE SPECIFIC WORDING IN THE FAR AS TO WHY AN IFR CLRNC CANNOT BE REQUESTED WHEN VFR CONDITIONS EXIST. I BELIEVE THE FAR AS PRESENTLY WRITTEN ENCOURAGES 'SCUD RUNNING;' WHICH IS COUNTER TO ALL OUR EFFORTS TO MAKE COMMUTER PART 135 OPS SAFER. I ALSO THINK THAT A CLRER UNDERSTANDING OF THE FAR AND BETTER TRNING BY THE OPS AND TRNING SUPVRS WOULD HAVE PREVENTED THE INCIDENT.
Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.