Pilot in small transport attempting to remain clear of clouds in TCA had TCA clearance at 3000'. Did...

Attributes
ACN	107303
Time
Date	198903
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : hrv
State Reference	LA
Altitude	msl bound lower : 2000 msl bound upper : 4500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : msy
Operator	general aviation : personal
Make Model Name	Small Transport, Low Wing, 2 Recip Eng
Flight Phase	climbout : intermediate altitude cruise other descent other
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : private
Experience	flight time last 90 days : 40 flight time total : 610 flight time type : 25
ASRS Report	107303
Person 2
Affiliation	Other
Function	flight crew : first officer
Events
Anomaly	altitude deviation : excursion from assigned altitude inflight encounter : weather non adherence : clearance non adherence : far other anomaly other
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance flight crew : exited penetrated airspace other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Terminal area conditions, reported at approximately XA30 hours, were 2500' scattered and visibility observations from northwest through east confirmed this in spite of haze. I decided to make the 35 min swbnd maintenance ferry VFR at 3000' and was cleared VFR into the TCA. South & west of new is a large area of marsh and shallow lakes that can produce hot, moist air quickly and this day had heated up rapidly. On the 210 degree route of flight low cumulus clouds intensified directly ahead. A request for climb to 4500' was not acknowledged by ATC which was busy. Before actually entering clouds, I announced a climb to 4500' for VFR and executed. Shortly, ATC asked if it was my aircraft at 4500', and I affirmed. Shortly, ATC asked for a right turn to 270 degrees directly into the clouds. I replied unable and asked for and received 2000' for VFR maintenance and executed a steep spiraling descent to remain VFR and lost altitude quickly. The conflict between see and avoid responsibility VFR rule responsibility, and ATC control compliance was extreme, and the procedure for maximum safety and compliance appears conflicting. Inquiries of experienced 135, and commuter pilots yield responses I consider unsafe. Other than initially filing an instrument plan in lieu of VFR, I am concerned about the most appropriate corrective action.

Original NASA ASRS Text

Title: PLT IN SMT ATTEMPTING TO REMAIN CLEAR OF CLOUDS IN TCA HAD TCA CLRNC AT 3000'. DID NOT HAVE TRACON CLRNC TO 4500' BUT EXECUTED ACCOUNT 'ATC BUSY.' ANNOUNCED INTENTION.

Narrative: TERMINAL AREA CONDITIONS, RPTED AT APPROX XA30 HRS, WERE 2500' SCATTERED AND VIS OBSERVATIONS FROM NW THROUGH E CONFIRMED THIS IN SPITE OF HAZE. I DECIDED TO MAKE THE 35 MIN SWBND MAINT FERRY VFR AT 3000' AND WAS CLRED VFR INTO THE TCA. S & W OF NEW IS A LARGE AREA OF MARSH AND SHALLOW LAKES THAT CAN PRODUCE HOT, MOIST AIR QUICKLY AND THIS DAY HAD HEATED UP RAPIDLY. ON THE 210 DEG ROUTE OF FLT LOW CUMULUS CLOUDS INTENSIFIED DIRECTLY AHEAD. A REQUEST FOR CLB TO 4500' WAS NOT ACKNOWLEDGED BY ATC WHICH WAS BUSY. BEFORE ACTUALLY ENTERING CLOUDS, I ANNOUNCED A CLB TO 4500' FOR VFR AND EXECUTED. SHORTLY, ATC ASKED IF IT WAS MY ACFT AT 4500', AND I AFFIRMED. SHORTLY, ATC ASKED FOR A RIGHT TURN TO 270 DEGS DIRECTLY INTO THE CLOUDS. I REPLIED UNABLE AND ASKED FOR AND RECEIVED 2000' FOR VFR MAINT AND EXECUTED A STEEP SPIRALING DSCNT TO REMAIN VFR AND LOST ALT QUICKLY. THE CONFLICT BTWN SEE AND AVOID RESPONSIBILITY VFR RULE RESPONSIBILITY, AND ATC CTL COMPLIANCE WAS EXTREME, AND THE PROC FOR MAX SAFETY AND COMPLIANCE APPEARS CONFLICTING. INQUIRIES OF EXPERIENCED 135, AND COMMUTER PLTS YIELD RESPONSES I CONSIDER UNSAFE. OTHER THAN INITIALLY FILING AN INSTRUMENT PLAN IN LIEU OF VFR, I AM CONCERNED ABOUT THE MOST APPROPRIATE CORRECTIVE ACTION.

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.

Pilot in small transport attempting to remain clear of clouds in TCA had TCA clearance at 3000'. Did not have TRACON clearance to 4500' but executed account 'ATC busy.' announced intention.