If your pitot heat is U/S can you still fly IFR?

Are you only restricted from flying in potential icing conditions with pitot heat U/S?

My aircraft has no minimum equipment list in which pitot heat is specified.

Ah, I'd need to do some hunting around the regs to see what mischief CASA has put where. Good exercise for you to do, perhaps ?

However, if you are IMC, especially night, it would be foolhardy not to have pitot heat serviceable.

Likewise, especially, in icing.

Nil MEL, it's required kit.

Also, there is the odd rule which talks about observing AFM requirements so check the checklists.

Don't go flying IFR without the de-ice or anti-ice working unless in accordance with an approved MEL/PUS provision.

Thanks John. I agree with the logic around wanting pitot heat in IMC. Hopefully never flying into known icing but want it for inadvertent icing.

Can you clarify your comment "Nil MEL, its required kit"

My understanding from doing a search is that unless you are:

a Part 135 operation
a Subpart 121.Z operation
an operation under EX97/22.

You don't need a MEL. So GA private hire aircraft does not require a MEL.

What did you mean by required kit?

Thanks....Paul

Caveat: I'm not a legal eagle, just an engineer. With the way the rulebook has gone in recent years, one really needs to be the former to make heads or tails of much of the wordiology.

Can you clarify your comment "Nil MEL, its required kit"

As I read (and have read) the story over many years (as an engineering delegate/AP) unless you exercise the provisions of an MEL/PUS/ICA/CDL/whatever, then, apart from NEF stuff (non-essential equipment and furnishings), all aircraft equipment needs to be serviceable.

Some categories of operation require an MEL, sure. However, where does this put the folk at the bottom of the pond who don't require one, but also have elected not to raise one, when something breaks ?

What did you mean by required kit?

If it's broken and you don't have recourse to a permission to operate in that U/S state, it has to be fixed. At least, that is my reading of the tea leaves.

I would put pitot heat right in the middle of this.