PA28 PLT FAILED TO MAINTAIN VFR IN CLASS E AIRSPACE WHEN HE CLIMBED TO WITHIN 300 FT OF AN OVERCAST DURING A VFR FLT RETURNING TO A NON CONTROLLED ARPT FOR AN IFR CLIMB CLRNC.
Synopsis
PA28 PLT FAILED TO MAINTAIN VFR IN CLASS E AIRSPACE WHEN HE CLIMBED TO WITHIN 300 FT OF AN OVERCAST DURING A VFR FLT RETURNING TO A NON CONTROLLED ARPT FOR AN IFR CLIMB CLRNC.
Narrative
I HAD FILED IFR FROM ST AUGUSTINE; FL (SGJ); TO TITUSVILLE; FL (TIX). ST AUGUSTINE'S AWOS WAS RPTING 1200 FT SCATTERED WITH 6 MI VISIBILITY. ST AUGUSTINE IS IN CLASS G AIRSPACE FROM SURFACE TO 700 FT AGL AND CLASS E ABOVE. I RAISED JACKSONVILLE DEP WHILE ON THE GND AT ST AUGUSTINE. THE CLRNC I RECEIVED WAS: 'DEPART VFR; FLY EAST WHEN ABLE; EXPECT NO DELAY FOR RADAR IDENTIFICATION; SQUAWK XXXX.' I CHECKED THE CLOUD CLRNC VISUALLY AND DETERMINED THAT I COULD CLIMB TO APROX 1000 FT AGL VFR. NOW; AT MY HOME ARPT; DEP RADAR CAN PICK UP A DEP AT ABOUT 400 FT AGL EVEN THOUGH THE CTL ARPT IS ABOUT 40 MI AWAY. I THOUGHT THAT I WOULD HAVE NO PROB BEING IN RADAR CONTACT BEFORE 1000 FT AGL. I ACCEPTED THE CLRNC AND DEPARTED. I SWITCHED BACK OVER TO DEP FREQ AT ABOUT 700 FT MSL. JACKSONVILLE DID NOT HAVE ME ON THEIR RADAR AND TOLD ME TO KEEP CLIMBING. AT 900 FT MSL; THEY STILL DID NOT HAVE ME ON THEIR RADAR AND ASKED ME TO RESET THE TRANSPONDER. THEY STILL DID NOT HAVE A PRIMARY NOR A SECONDARY RADAR RTN ON ME AND TOLD ME TO REMAIN VFR. I COULD NOT KEEP CLIMBING AND HAVE VFR CLASS E CLOUD CLRNC. AT THIS POINT I WAS GETTING WORRIED ABOUT BEING SO FAR OFFSHORE AND TOLD JACKSONVILLE I WAS GOING TO TURN SOUTH PARALLEL TO THE SHORELINE. THEY ASKED ME TO CONTACT DAYTONA BEACH (PROBABLY BECAUSE I WAS TOO LOW). AT THIS POINT I STARTED HOLDING OFF THE SHORELINE BECAUSE I DID NOT WANT TO BUST DAYTONA'S AIRSPACE. I WENT BACK TO JACKSONVILE AND THEY GAVE ME ANOTHER FREQ TO TRY FOR DAYTONA BEACH. I COULD NOT RAISE DAYTONA BEACH ON THIS FREQ EITHER. AT THIS PONT; THE JACKSONVILLE CTLR SAID MY ONLY OPTION WAS TO GO BACK TO ST AUGUSTINE VFR; LAND AND WAIT FOR HIM TO CLR SOME AIRSPACE SO I COULD DO AN IFR CLIMB. I DECIDED TO DO THIS. I STARTED BACK TO ST AUGUSTINE AT 900 FT MSL; WHICH GAVE ME LEGAL CLASS E CLOUD CLRNC. HOWEVER; MY PATH BACK TO ST AUGUSTINE WOULD REQUIRE ME TO FLY OVER A MARINA AND SOME BEACHSIDE HOUSES. NOW; I FEEL THAT THIS AREA DOES NOT QUALIFY FOR THE 'CONGESTED AREA' CLAUSE OF 91.119 AND THAT 900 FT MSL WOULD BE A LEGAL ALT. HOWEVER; AS I WAS FLYING TOWARDS THE AREA; I FIGURED THAT I WOULD MORE LIKELY GET A COMPLAINT FROM THE INHABITANTS IF I PASSED THAT LOW OVERHEAD. I ALSO STARTED DOUBTING IF MY 'CONGESTED AREA' DEFINITION WAS THE SAME AS THE FAA'S. SO; I DECIDED TO CLIMB TO 1100 FT MSL TO ENSURE PROPER ALT WITH RESPECT TO 91.119. THIS; UNFORTUNATELY; LEFT ME ONLY ABOUT 300 FT BELOW AND 1000 FT TO THE SIDE OF THE CLOUDS. I REMAINED AT 1100 FT FOR ONLY ABOUT 1.5 MI AND; ONCE I WAS PAST THE INHABITED AREA; DESCENDED BACK DOWN TO 800 FT MSL. ONCE BACK AT ST AUGUSTINE; I RECEIVED AN IFR DEP CLRNC FROM JACKSONVILLE; AND THE REST OF THE FLT PROCEEDED WITHOUT ANY PROBLEMS. I FEEL THAT I MADE TWO POOR DECISIONS. THE FIRST WAS TO ACCEPT THE 'DEPART VFR' CLRNC IN MVFR CONDITIONS. THE SECOND WAS FLYING HIGHER FOR THE MARINA. HOWEVER; SHOULD I HAVE RECEIVED A COMPLAINT FROM THE MARINA; EVEN THOUGH I FULLY BELIEVED THAT I WAS LEGAL AT 900 FT MSL; IT WOULD HAVE BEEN MY WORD AGAINST THEIRS. (I FIGURE IF YOU CAN AFFORD A HOUSE AT A MARINA; THEN YOU CAN AFFORD A COSTLY LEGAL BATTLE AS WELL.) I FEEL THAT THE CLTR USED POOR JUDGMENT IN ISSUING A VFR CLRNC IN MVFR CONDITIONS. HERE ARE MY HUMBLE SUGGESTIONS TO PREVENT THIS FROM HAPPENING AGAIN: CTLRS SHOULD NOT ISSUE 'DEPART VFR' CLRNCS IN MVFR CONDITIONS. PLTS SHOULD HAVE ACCESS TO WHAT LEVEL AGL RADAR SVC IS AVAILABLE AT ARPTS. WHEN I DEPARTED IFR; JACKSONVILLE PICKED ME UP AT 1400 FT MSL. IF I HAD KNOWN THAT I WOULD HAVE TO CLIMB THAT HIGH VFR; I WOULD HAVE REFUSED THE CLRNC. PERHAPS THIS COULD BE ADDED TO THE A/FD. AIRSPACE CLASSIFICATIONS SHOULD BE BETTER DEPICTED ON THE LOW ENROUTE CHART. IT IS A HASSLE TO HAVE BOTH THE LOW ENROUTE CHART AND A VFR CHART OPEN.
Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.