Not sure how much of the above is applicable to the OP’s question. Or at least I can’t work it out. It would be better to write clearer sentences and with punctuation, addressing each question separately 
People confuse the above with IFR clearance in Golf (this does not exist)
It does exist. Otherwise, you could never get a departure clearance at a G airport. But this is a deeper issue. The clearance does not acquire a full meaning until you enter CAS.
There was a case where a pilot departed in class G in less than VFR conditions and climbed to above the overcast in class G rather than waiting for his IFR clearance. The pilot was cited for a 91.155 VFR violation and a catch all 91.13 careless and reckless. He was convicted and had his pilot certificate revoked on the 91.13 charge, but not on the 91.155 charge.
This one has been often cited but nobody seems to have known the details. Was it many years ago?
Buckerfan wrote:
Much better to (very politely) call the tower at the airport an hour before takeoff, explain what I will be wanting to do
You can also call the Watch supervisor at TC or London ACC. Numbers in the AIP GEN3.3
Peter wrote:
This one has been often cited but nobody seems to have known the details. Was it many years ago?
Here you go for the 6th time, I will remind you on 7th
NTSB91.173
Ibra wrote:
Here you go for the 6th time, I will remind you on 7th
NTSB91.173
That link seems to be about something completely different.
Sorry, wrong link it’s this, the pilot entered Echo at 700ft agl on uncontrolled IFR departure without “time-limted release” or “time void clearance”
I heard some get procecuted on that in Germany when the fluglighter see an aircraft going into clouds at 1000ft agl on departures without AFIS or IFP…but I think it’s mostly FUD
https://www.ntsb.gov/legal/alj/OnODocuments/Aviation/3935.pdf
So the guy got busted for reckless, but not because he took off into IMC, but because he took off into IMC after being denied a departure clearance due to conditions at destination. Furthermore, the FAA themselves say that uncontrolled departure into IMC is fine if one has a time-limited clearance.
Seems to me he got slapped (90 day suspension) for trying to show the finger with people watching.
AFAIK, the only things illegal about IFR in Golf are in ANO240/241, SERA.3101 and FAR91.13
The rest is same for all countries with few practicalities here & there that are mostly related to airspace design, air traffic procedures and how people were taught to fly
Ibra wrote:
AFAIK, the only things illegal about IFR in Golf are in ANO240/241, SERA.3101 and FAR91.13
That is technically right.
It is, however, also technically right that due to ICAO separation rules, IFR flying is typically not legally possible in the lowest 500ft of controlled airspace (as ATC has to ensure separation but can not as they can not control the traffic in the underlying uncontrolled airspace). Therefore technically it is not possible to vertically transfer from uncontrolled airspace in the controlled airspace above under IFR.
While many countries ignore that fact and accept such vertical transfers, Germany does comply with the ICAO separation rules and therefore practically do not accept IFR in Golf.
Malibuflyer wrote:
Therefore technically it is not possible to vertically transfer from uncontrolled airspace in the controlled airspace above under IFR.
That happens in every country where airspace above has 3 machine gun radios, you can’t just climb on heading or direct without procedural separation along some published departure route, it’s a practical aspect than a rule, even separation in controlled airspace can be relaxed under ICAO if you can see the other traffic, but it’s an exception !
Even more funnier, there is no radio reception (and no radio contact) in base (and inside) airspace in Spain, the only way to get in is to fly a instrument departure in some aerodrome or ask the Lufthansa above to talk to ATC on your behalf regrading your climb another funky practicality: max DCT = 0nm when filing flight plans or when flying…
tmo wrote:
Seems to me he got slapped (90 day suspension) for trying to show the finger with people watching.
Or it was because of culturally motivated perception of risk. We see in Europe that what is standard procedure (even by airlines) in some countries are considered extremely dangerous in others.
The reasoning in this judgement really makes no sense. The obstacles would have been no less dangerous if he did have an IFR clearance. There was a risk of mid-air collision, but I would say it was very small and in any case the FAA had no objective argument. The only real problem would have been if he was still in IMC when entering controlled airspace. Apparently he wasn’t, but did he have reliable knowledge of the cloud tops before takeoff?
