C152 INSTRUCTOR PLT; WITH TRAINEE; TOOK OFF WHEN ARPT WX CONDITIONS WERE IFR AND WAS SUBSEQUENTLY ASSISTED BY THE TWR CTLR AROUND THE TFC PATTERN TO VFR CONDITIONS.

Narrative

DURING PREFLT; ATIS RPTED FEW AT 400 FT; 7000 FT SCATTERED. AFTER ENG START; ATIS WAS UPDATED TO FEW AT 400 FT; 700 SCATTERED. IT WAS OBVIOUS THAT WX WAS NOT VFR TO W AND SW OF THE ARPT; BUT THERE WERE ONLY HIGH SCATTERED CLOUDS TO THE N; E; AND SE. A DEST TO THE SE WAS CHOSEN TO REMAIN IN VFR WX. RWY 25 WAS IN USE FOR SMALL ACFT. WHEN WE CALLED FOR TKOF CLRNC; THE TWR CTLR STATED 'WX IS DETERIORATING RAPIDLY; NOW 400 FT SCATTERED AND 700 FT SCATTERED; BUT STILL VFR. WHAT ARE YOUR INTENTIONS?' I STATED THAT I WOULD STILL LIKE TO TAKE OFF BUT WOULD 'NEED COOPERATION FROM DEP TO MAINTAIN VFR;' AND ASKED IF THAT WOULD BE A PROB; SINCE OUR ORIGINAL CLRNC WAS TO MAINTAIN RWY HDG; AND I COULD SEE THAT WOULD GET US INTO IFR WX JUST BEYOND THE ARPT BOUNDARY. THE TWR CTLR REPLIED ONLY 'CLRED FOR TKOF.' I ASSUMED THIS TO MEAN I COULD EXPECT COOPERATION AFTER TKOF TO DO WHATEVER WAS NECESSARY TO MAINTAIN VFR. AFTER TKOF; I STATED; 'WE NEED TO MAKE AN IMMEDIATE R TURN TO MAINTAIN VFR.' THE TWR CTLR SAID HE COULD ALLOW ONLY A HDG OF 280 DEGS OR 190 DEGS; AND I STATED THAT WE COULD NOT DO EITHER VFR. THE CTLR THEN SAID; 'CLRED TO LAND RWY 25; MAKE L TFC.' I FLEW A L XWIND AND DOWNWIND AT APPROX 400 FT AGL JUST IN AND OUT OF THE BASES OF THE CLOUDS; WHILE MY STUDENT WAS FIGHTING ME TRYING TO CLB INTO THEM. AS WE WERE ABOUT TO TURN BASE; WE WERE CLR OF THE LOW CLOUDS; AND THE CTLR ASKED IF WE WOULD BE ABLE TO MAINTAIN VFR TO OUR DEST. I STATED THAT WE WOULD; AND HE CLRED US TO PROCEED ON COURSE AND CONTACT DEP. ALTHOUGH THERE WAS IN FACT NO REAL DANGER TO THE FLT; BOTH VFR CLOUD CLRNCS AND MSA'S (AS SPECIFIED IN FARS) WERE COMPROMISED. I BELIEVE ANY OF THE FOLLOWING (IN ORDER OF PROC) WOULD HAVE AMELIORATED THE SIT: 1) THE TWR CTLR SHOULD HAVE EXPLICITLY ANSWERED MY QUESTION AS TO COOPERATION IN MAINTAINING VFR. 2) I SHOULD HAVE INSISTED ON AN EXPLICIT ANSWER TO MY QUESTION ABOUT COOPERATION IN MAINTAINING VFR. 3) I SHOULD HAVE MADE A TURN TO THE R; EXERCISING MY EMER AUTH AS PIC IF NECESSARY. 4) BEING INST EQUIPPED; QUALIFIED; AND CURRENT; I COULD HAVE CLBED INTO THE CLOUDS (SINCE ATC WAS PROVIDING POSITIVE SEPARATION IN THE CLASS C AIRSPACE) AND TOLD THE CTLR THAT I NEEDED AN IMMEDIATE IFR CLRNC TO VFR CONDITIONS ON TOP. I KNEW FROM WHAT I HAD SEEN THROUGH BREAKS IN THE CLOUDS AND THE HORIZ VIEW AS THE CLOUDS APCHED THAT THE TOPS OF THE LOW CLOUDS WERE NOT VERY HIGH.