Robinson R44
Flight Crew Private
Flight Crew Last 90 Days 38.4; Flight Crew Total 142.7; Flight Crew Type 45
Communication Breakdown; Training / Qualification; Confusion
Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR
Air Traffic Control Issued Advisory / Alert; Flight Crew FLC complied w / Automation / Advisory
Human Factors; Procedure; Weather
I am currently training for my instrument rating.... I filed an IFR flight plan requesting 2;000 FT enroute and in the remarks I listed no STAR; IFR training flight under VFR conditions; and that I would like vectors ZZZ. I was cleared to depart on the [SID] and then passed to Departure...where I was instructed to climb runway heading...and maintain 3;000 FT which I complied. Then I was instructed to turn right (do not remember the exact course but it was westbound); climb and maintain 4;000 FT. At this point I am flying over a cloud but my CFII still has visual reference to the ground ahead; I am in simulated IMC wearing a hood. We are then instructed to descend to 2;000 FT for separation; to which I respond; 'Unable due to weather.' The Controller seemed puzzled that I wasn't able to descend through the cloud; I mentioned to the Controller that in the remarks of my flight plan I indicated the flight must be completed under VMC. The R-44 is not certified for IFR flight nor is it equipped for flight into known icing and I had been advised during my weather briefing of possible icing conditions above 1;000 MSL. The Controller adamantly advised I must either comply with his instruction or declare an emergency. I responded saying that I did not need to declare an emergency but that I could not descend through the cloud. He replied with the same advisement. By this time my CFII had informed me that we were clear of the cloud and able to descend; I immediately began descending and informed the Controller of the descent. I assume he didn't hear my transmission because he repeated his previous advice for a third time. I again informed him I was descending to 2;000 FT in compliance with his instruction. We were then passed of to another Controller and not long after again we were given a vector that would fly us into IMC and I advised that I was unable and needed to climb to avoid a cloud. I began climbing to avoid the cloud. The Controller then advised me that I may not deviate from ATC instruction and gave me a phone number to call for a possible pilot deviation once we had landed. My CFII did tell me that when she called the number the person she spoke with informed her that we were not allowed to file and fly an IFR flight plan in an aircraft not capable of IFR even for training purposes which was unknown to virtually everyone we have come into contact with regarding the occurrence....Looking back and after several conversations with other instructors it seems the best course of action would have been to cancel our IFR clearance as soon as we were instructed to do something that would violate our operating limitations since we were in VMC at that time. Perhaps due to inexperience on my part; that hadn't even occurred to me. In my mind it seemed either decision would have been a violation of some sort. Deviation from ATC is a violation; but flying into IMC and possible known icing in an R-44 helicopter could have resulted in an accident with loss of life; both for me and my instructor but also civilian casualties below in the populated suburbs.... When weighing those options in the cockpit it seemed to me that avoiding the cloud after informing ATC of my situation was the safer course of action.
[Report narrative contained no additional information].
R44 instructor and student declined to follow ATC instruction to descend into IMC while filed on an IFR flight plan with notation; 'IFR training under VFR conditions.' ATC contended that it was not legal to file IFR in a non-IFR certified aircraft.