PA41 PLT WAS UNABLE TO OBTAIN AN IFR CLRNC FROM MIA FSS.

Narrative

THE XPONDER IN THE ACFT BEGAN GIVING INCORRECT ALT INFO TO ATC DURING A RETURN TRIP FROM THE BAHAMAS. UPON RETURN TO THE ACFT'S HOME BASE IN WINTER HAVEN; FL; OUR RADIO SHOP REMOVED XPONDER UNIT #1 AND SENT IT TO A QUALIFIED REPAIR SHOP. THE REPAIRED XPONDER WAS REPLACED AND FLT TESTED. IT WAS FOUND TO BE WORKING PROPERLY. A TRIP WAS THEN FLOWN TO TENNESSEE THEN COMPLETED BACK TO WINTER HAVEN AND THE XPONDERS BOTH WORKED FLAWLESSLY. A CREW PROFICIENCY FLT WAS MADE WITH NO PROBS. BOTH XPONDERS BECAME INOP DURING A TRIP TO TAMIAMI ARPT; BUT THEY BEGIN WORKING AGAIN BEFORE WE ARRIVED IN MIAMI. THIS TRIP CONTINUED TO JACKSONVILLE AND BACK TO WINTER HAVEN WITHOUT FURTHER INCIDENT. THE XPONDERS QUIT AGAIN WHILE ENRTE BACK TO JACKSONVILLE. ZMA WAS NOTIFIED THAT OUR XPONDERS MAY NOT WORK FOR A FLT FROM CRG TO TMB; AND GIF. CTR SAID THAT WILL BE NO PROB FOR CTR; BUT THAT I SHOULD CONTACT MIAMI APCH FOR PRIOR PERMISSION TO ENTER CLASS B AIRSPACE WITHOUT A XPONDER. MIAMI APCH ISSUED ME A WAIVER TO ENTER CLASS B AIRSPACE AT MIAMI; LAND AT TMB; THEN DEPART FOR GIF. THE XPONDERS FAILED TO WORK DURING THE WHOLE TRIP. THE PROB: THE ACFT OWNER AND I ARRIVED AT THE MIAMI FSS TO ACQUIRE A BRIEFING FOR THE LAST LEG OF OUR TRIP (TMB-GIF) AND TO FILE AN IFR FLT PLAN. WE ASKED THE FSS SPECIALIST WHO HELPED US TO NOTE IN THE REMARKS SECTION OF THE FLT PLAN THAT OUR XPONDER WAS INOP. WE THEN ASKED HIM IF GETTING A VOID TIME CLRNC OVER THE RADIO WOULD BE ANY PROB. WE THOUGHT IT BEST TO DO THIS SINCE THE TWR WAS CLOSED; WE WERE WITHOUT XPONDER; AND THERE WAS SOME PRECIPITATION GOING ON W OF THE FIELD. HE ASSURED US IT WOULD BE NO PROB; AND ASKED US TO CONTACT HIS OFFICE ON THE CTAF WHEN WE WERE READY TO TAXI SO THEY COULD PUT OUR CLRNC ON REQUEST. WE ADVISED FSS THAT WE WERE TAXIING TO RWY 27 AND WOULD LIKE TO GET OUR CLRNC (THE ACFT OWNER WAS HANDLING THE RADIO DUTIES FOR ME. HE IS A QUALIFIED COMMERCIAL PLT). THE SPECIALIST ON THE RADIO GAVE US AN ARPT ADVISORY AND SUGGESTED WE CONTACT MIAMI DEP FOR OUR CLRNC ONCE WE WERE AIRBORNE. WE TOLD HIM WE WOULD RATHER COPY THE CLRNC ON THE GND. HE THEN REPLIED THAT THE WX WAS VFR UNTIL AT LEAST 20 MI W OF TAMIAMI; AND IT WOULD BE EASIER IF WE CONTACTED DEP AFTER WE WERE AIRBORNE. WE THEN EXPLAINED THAT OUR XPONDER WAS INOP SO WE REALLY PREFERRED TO OBTAIN OUR CLRNC PRIOR TO DEP. HE THEN INFORMED US THAT HE WAS BUSY; SO IT MIGHT TAKE QUITE AWHILE TO GET US A CLRNC. AT THIS POINT I BECAME SUFFICIENTLY FRUSTRATED TO TELL MY PARTNER TO INFORM HIM THAT WE WERE DEPARTING VFR NOW. BASED ON OUR WX BRIEFING; PERSONAL OBSERVATION; AND THE HR OF THE EVENING I DECIDED IT WAS SAFEST TO DEPART RIGHT THEN. WE TOOK OFF TO THE W AND CLBED TO 2000 FT MSL. ALTHOUGH OUR BRIEFER HAD RPTED HIGHER CLOUD BASES AT THE FIELD AND RAIN 20 MI TO THE W; WE ENCOUNTERED LIGHT RAIN ALMOST IMMEDIATELY AND CLOUDS SHORTLY THEREAFTER. A DSCNT TO 1500 FT AND A TURN TO 330 DEGS PLACED US BACK IN VFR CONDITIONS WITH OUR RADAR SHOWING HEAVIER PRECIPITATION ON OUR L. MIAMI APCH CTL WAS MUCH BUSIER THAN WE HAD ANTICIPATED; SO WE WERE UNABLE TO CONTACT THEM IMMEDIATELY AFTER DEP. AFTER FLYING A SHORT WAY NW; WE DECIDED IT WOULD BE PRUDENT TO RETURN TO TAMIAMI AND HOLD OVER THE ARPT UNTIL WE COULD MAKE RADIO CONTACT WITH APCH CTL. WHEN WE FINALLY MADE CONTACT THE CTLR COULD NOT LOCATE OUR FLT PLAN. AFTER HE FOUND IT; HE CHASTISED US FOR DEPARTING WITHOUT A CLRNC. WE TOLD HIM WE HAD TRIED. HE THEN ISSUED US OUR IFR CLRNC; AND AFTER THAT EVERYTHING WENT VERY WELL. CONTRIBUTING FACTORS: THE PLTS OF THE ACFT WERE FATIGUED DUE TO THE LATE HR AND OTHER NON-FLYING RELATED ACTIVITIES OF THE DAY. THEY MAY HAVE NOT COMMUNICATED AS WELL OR MADE THE BEST POSSIBLE DECISIONS WHEN CONFRONTED BY A NEGATIVE FSS EMPLOYEE AS THEY WOULD HAVE EARLIER IN THE DAY. THE WX WAS MARGINAL VFR IN THE MIAMI AREA. THE DEP CTLR WAS PROBABLY BUSIER THAN USUAL DUE TO RAIN SHOWERS AND TSTMS W OF MIAMI. FINAL ANALYSIS: I DON'T BELIEVE ANY RULES WERE VIOLATED OR LIVES ENDANGERED; BUT FATIGUE AND IMPATIENCE WITH A NEGATIVE EMPLOYEE AT FSS COULD HAVE LED TO DECISIONS BEING MADE THAT MAY HAVE BEEN HAZARDOUS UNDER DIFFERENT WX CONDITIONS. THERE IS A GRAY AREA ABOUT WHAT A XPONDER WAIVER ALLOWS ONE TO DO INSIDE THE 30 MI RING OF CLASS B AIRSPACE. SINCE THIS IS PROBABLY A MORE COMMON OCCURRENCE THAN WE THINK; IT MAY WARRANT SOME FURTHER THOUGHT.