Narrative:

Concord ATIS reporting 1100' ovc and VFR. Called travis approach for lda 19R approach. They asked me if I wanted to do the approach IFR or VFR. I said IFR. I did the approach. At LOM, switched to concord tower frequency and advised them I was inbound on approach and going to do the missed. They said maintain VFR on missed. 10 seconds later, at 700' on missed, I called tower and said unable to maintain VFR if I continue my climb to 900'. Missed approach procedure is: climb to 900', then climbing left turn to 3500' direct to ccr VOR. Tower's response to me after stating I could not maintain VFR was, 'maintain VFR'. By this time I was at 850'. I had to wait to call tower back because another pilot was on frequency. I finally called tower and said I'm making my left turn now. I could not continue my climb to 3500' direct to the ccr VOR. The ovc was at 900' not 1100' like ATIS said. I descended to 500' and skimmed under clouds out over the delta to ccr VOR. I then was handed off to travis approach and they said maintain VFR. I found a hole and climbed out on top over pittsburg. The tower's request to maintain VFR was impossible and unsafe. I could not remain VFR. I should have insisted on staying IFR and to commence the published missed in IFR conditions. I believe this was an unusual and unsafe request by the tower. The tower would not listen to my 'unable to stay VFR' request.

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Original NASA ASRS Text

Title: SMA ON LDA APCH, THEN MISSED APCH TOLD TO MAINTAIN VFR. UNABLE TO DO SO AND TOLD TWR WHO TOLD AGAIN MAINTAIN VFR.

Narrative: CONCORD ATIS REPORTING 1100' OVC AND VFR. CALLED TRAVIS APCH FOR LDA 19R APCH. THEY ASKED ME IF I WANTED TO DO THE APCH IFR OR VFR. I SAID IFR. I DID THE APCH. AT LOM, SWITCHED TO CONCORD TWR FREQ AND ADVISED THEM I WAS INBND ON APCH AND GOING TO DO THE MISSED. THEY SAID MAINTAIN VFR ON MISSED. 10 SECONDS LATER, AT 700' ON MISSED, I CALLED TWR AND SAID UNABLE TO MAINTAIN VFR IF I CONTINUE MY CLIMB TO 900'. MISSED APCH PROC IS: CLIMB TO 900', THEN CLIMBING LEFT TURN TO 3500' DIRECT TO CCR VOR. TWR'S RESPONSE TO ME AFTER STATING I COULD NOT MAINTAIN VFR WAS, 'MAINTAIN VFR'. BY THIS TIME I WAS AT 850'. I HAD TO WAIT TO CALL TWR BACK BECAUSE ANOTHER PLT WAS ON FREQ. I FINALLY CALLED TWR AND SAID I'M MAKING MY LEFT TURN NOW. I COULD NOT CONTINUE MY CLIMB TO 3500' DIRECT TO THE CCR VOR. THE OVC WAS AT 900' NOT 1100' LIKE ATIS SAID. I DESCENDED TO 500' AND SKIMMED UNDER CLOUDS OUT OVER THE DELTA TO CCR VOR. I THEN WAS HANDED OFF TO TRAVIS APCH AND THEY SAID MAINTAIN VFR. I FOUND A HOLE AND CLIMBED OUT ON TOP OVER PITTSBURG. THE TWR'S REQUEST TO MAINTAIN VFR WAS IMPOSSIBLE AND UNSAFE. I COULD NOT REMAIN VFR. I SHOULD HAVE INSISTED ON STAYING IFR AND TO COMMENCE THE PUBLISHED MISSED IN IFR CONDITIONS. I BELIEVE THIS WAS AN UNUSUAL AND UNSAFE REQUEST BY THE TWR. THE TWR WOULD NOT LISTEN TO MY 'UNABLE TO STAY VFR' REQUEST.

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.