Can I accomplish an IPC with a CFI that is not instrument current?
Votes
Answered By AOPA
Part of your New Year’s resolution was to get back “fully” current with your licenses and privileges. This includes accomplishing an Instrument Proficiency Check (IPC) to get your hard earned instrument privileges back. You’ve reached out to the only local CFII you know of and he’s unsure if he can even do an IPC anymore. The reason behind his hesitation is that he himself is not instrument current. Is there any way that you can accomplish an IPC with a CFII that isn’t actually instrument current himself?
3 Replies
Votes
AOPA Staff Answer
A CFII who is not instrument current can conduct an IPC, though they may not feel personally comfortable doing so. There are some conditions that must be met though. Those include the limitations listed in FAR 61.57, which are limitations on every pilot who isn’t instrument current. The CFII can’t act as PIC under Instrument Flight Rules (IFR) or in weather conditions less than what’s required for VFR. So this IPC would have to be accomplished under Visual Flight Rules and in VFR conditions, since neither you nor the CFII can act as PIC otherwise.
Votes
You should reconsider taking your IPC with anyone that is not IFR current even under VFR conditions. It will be hard to fly instrument approaches without taking to ATC and receiving permission to conduct the instrument approaches now required under the instrument ACS. Neither of you would be able to file or fly on an instrument flight plan. Flying instrument approaches when not on an instrument flight plan and / or under permission from the controlling ATC is a careless and reckless operation. 
Yes, instructors do it all the time. Don't be 'that guy' flying an instrument approach without a clearance to be there.
Votes
Richard Gallaher:
You should reconsider taking your IPC with anyone that is not IFR current even under VFR conditions. It will be hard to fly instrument approaches without taking to ATC and receiving permission to conduct the instrument approaches now required under the instrument ACS. Neither of you would be able to file or fly on an instrument flight plan. Flying instrument approaches when not on an instrument flight plan and / or under permission from the controlling ATC is a careless and reckless operation. 
Yes, instructors do it all the time. Don't be 'that guy' flying an instrument approach without a clearance to be there.

Mr. Gallaher is incorrect about what the Instrument-Airplane ACS requires.  Speaking as a real CFI-IA who does this every day, you need not be operating under IFR/on an IFR clearance to do practice instrument approaches while operating under VFR in VFR conditions.  In fact, Instrument-Airplane practical tests are by written FAA guidance in FAA Order 8900.2 normally conducted under VFR.  Further, there is no requirement to talk to ATC while doing this unless you're in airspace where ATC communications are required, like Class B/C/D Airspace.  If you're practicing the VOR 17 at Douglass AZ, there isn't even an ATC facility with whom you can communicate while doing this.

As for the FAA considering this "careless/reckless" in violation of 91.13, I'd like Mr. Gallaher to point to any legal case where such a finding was made.  I certainly never heard of one, and I follow this stuff pretty closely.

That said, I agree that taking an IPC from an instrument instructor who doesn't maintain instrument proficiency would be unwise for both parties involved.  I'm grandfathered legal in a TW airplane, but with all of my 20 or so hours of TW time spread out over 50 years (the last some 15 years ago), I wouldn't even dream of doing a TW endorsement or Flight Review in one.