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The below doesn't mention anything about needing to be night IFR, so if you were to shoot an approach on this flight, would it be legal? Also, if the instructor isn't a CFII, but PIC does have an instrument rating?

https://www.law.cornell.edu/cfr/text/14/61.129

(iv) One 2-hour cross country flight in a single engine airplane in nighttime conditions that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and

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  • $\begingroup$ You're in FAA-land I take it from the FAR reference? Also, I take it both pilots are IFR rated/current, just there's no CFII in the cockpit? $\endgroup$
    – UnrecognizedFallingObject
    May 29, 2019 at 0:53
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    $\begingroup$ If the instructor is not a CFII then if the flight is in IMC the person is just going for the ride and not instructing. I don't know the answer to this question, but my initial reaction is to wonder why you would want to do your flight in night IMC? $\endgroup$
    – Juan Jimenez
    May 29, 2019 at 8:24
  • $\begingroup$ I didn't, but where I fly marine layers some times come in even if not forecasted, so if the flight was vfr, then on the return the cloud deck came in, I'd rather shoot an approach through it than try to go under and scud run. As it turned out no marine layer and no IMC required. $\endgroup$
    – Justin Thomas
    May 29, 2019 at 16:28
  • $\begingroup$ Think off the spirit of the rule, not so much the letter of the law. $\endgroup$
    – Mike Brass
    May 30, 2019 at 2:38
  • $\begingroup$ In actual or simulated IMC you have removed the NIGHT part of the cross country to just takeoff and landing. What about all those other nautical miles? $\endgroup$
    – Mike Brass
    May 30, 2019 at 2:48

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The regulation doesn't specify VFR or IFR, so you may complete that requirement in either.

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  • $\begingroup$ Just to corroborate this, I checked my logbook and I did my commercial night cross country under IFR. In my case, I wanted to stay instrument current and it was a good opportunity. It was VMC, but being under the hood at night is much closer to IMC than during the day. $\endgroup$
    – Pondlife
    May 30, 2019 at 0:33

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