A Squared said:
No, that is not true. THe FAA has in fact prosecuted at least one pilot for exactly that.
I've read the case discussed. The pilot in question crashed doing a badly performed missed approach. The FAA attempted to throw the book at him, charging him with careless and reckless, operation below MDA, failure to immediately exectute the missed approach when required, and (strangely) operation below 2000' in mountainous terrain under IFR when not required for takeoff or landing. Then, almost as an afterthought, and right before the trial apparently, they added the 135.225(a) beginning the approach when the weather was reported below minimums. As noted before, the "mins" were 3100' but the weather was reported as 900'.
The NTSB judge ripped the FAA apart for the 135.225(a) charge. He noted that even the FAA counsel seemed "far less than certain about the landing requirements for Part 135 Carriers". His clear implication was that the FAA counsel and Law Judge didn't know what they were talking about, couldn't point out where the ceiling requirement was on the approach chart, and couldn't back it up with any precedent. The FAA still "got their man" since the careless and reckless charge stuck.
Then we have this FAA interpretation issued as a result. The FAA, having painted itself into a corner, tries to wiggle out by saying that a pilot has to "consider" the reported ceiling. I'd say there was probably some argument at the FAA, otherwise they would have come out with something clearer. My guess is that some FAA lawyer, having put himself way out over the line with the 135.225(a) charge, was looking for some support and this was the best they could come up with. Then they quietly let it drop. Unless you can come up with something else in the 10+ years that have elapsed, I'd say the FAA probably wants to forget about the whole thing.
Now, if you do something like this bozo and recklessly crash your aircraft, maybe some overzeoulous FAA lawyer will try the same nonsense. But if you don't plan to crash then I still say "don't worry about it".
If some inspector with a stiffy for my certificate ever tried to question me about it, I'd say I "considered" the ceiling and, based upon prior experience, had reason to expect a successful outcome from the approach.