Narrative:

My flying partner and I decided the only way to receive the clearance was to take off from T41 and remain VFR and to contact clearance delivery in the air. This we did and proceeded to galveston. We cancelled our IFR flight plan. The controller queried how long we would be on the ground at galveston to which my partner responded 'just 2 or 3 minutes'. The controller responded that he could issue a new clearance and to contact him on 'this frequency' (120.8) to receive it. After landing we taxied to runway 17 to receive our clearance back to T41. Communications were attempted on 120.8 as instructed, however, no one could be reached. A further attempt was made on 135.35 but again no communications could be established. (Note: galveston unicom was tried on 122.95 also without success while on the ground at gls.) the WX appeared VFR throughout the entire flight and ground contact was maintained except for a few scattered clouds at around 600' MSL. Believing we were experiencing the same communications problem as at T41, we decided on the same conclusion, that is, to take off and get the clearance in the air. We taxied onto and took off of runway 17 in which we believed to be VFR conditions to contact approach on 120.8 as instructed. The ground was fully visible from 2000' MSL. The controller upon initial contact informed us we had taken off into a control zone that was IFR and to contact his supervisor. We received a clearance back to T41 in VFR WX conditions and cancelled our IFR flight plan. I called the approach supervisor, approximately 1 hour after the request and he informed me that papers would be sent to flight standards for an investigation due to the small transport pilot having to make a missed approach to avoid hitting us 'head on'. This, my partner and I found to be impossible due to the fact the VOR 13 terminates .5 mi northwest of the airport (.6 DME). We took off to the south over the gulf and climbed to 1000' MSL before initiating a left turn to 360 degree. Our position and his, if he intended a landing from his approach as implied by the phone conversation we could not coincide due to the fact we were never west of the airport after takeoff.

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Original NASA ASRS Text

Title: PLT OF SMA ALLEGEDLY TOOK OFF WHEN IMC CONDITIONS PREVAILED AND ARPT WAS DESIGNATED A CTL ZONE. PLT ON APCH ALLEGEDLY TOOK EVASIVE ACTION AND WENT AROUND TO AVOID AN NMAC.

Narrative: MY FLYING PARTNER AND I DECIDED THE ONLY WAY TO RECEIVE THE CLRNC WAS TO TAKE OFF FROM T41 AND REMAIN VFR AND TO CONTACT CLRNC DELIVERY IN THE AIR. THIS WE DID AND PROCEEDED TO GALVESTON. WE CANCELLED OUR IFR FLT PLAN. THE CTLR QUERIED HOW LONG WE WOULD BE ON THE GND AT GALVESTON TO WHICH MY PARTNER RESPONDED 'JUST 2 OR 3 MINUTES'. THE CTLR RESPONDED THAT HE COULD ISSUE A NEW CLRNC AND TO CONTACT HIM ON 'THIS FREQ' (120.8) TO RECEIVE IT. AFTER LNDG WE TAXIED TO RWY 17 TO RECEIVE OUR CLRNC BACK TO T41. COMS WERE ATTEMPTED ON 120.8 AS INSTRUCTED, HOWEVER, NO ONE COULD BE REACHED. A FURTHER ATTEMPT WAS MADE ON 135.35 BUT AGAIN NO COMS COULD BE ESTABLISHED. (NOTE: GALVESTON UNICOM WAS TRIED ON 122.95 ALSO WITHOUT SUCCESS WHILE ON THE GND AT GLS.) THE WX APPEARED VFR THROUGHOUT THE ENTIRE FLT AND GND CONTACT WAS MAINTAINED EXCEPT FOR A FEW SCATTERED CLOUDS AT AROUND 600' MSL. BELIEVING WE WERE EXPERIENCING THE SAME COMS PROBLEM AS AT T41, WE DECIDED ON THE SAME CONCLUSION, THAT IS, TO TAKE OFF AND GET THE CLRNC IN THE AIR. WE TAXIED ONTO AND TOOK OFF OF RWY 17 IN WHICH WE BELIEVED TO BE VFR CONDITIONS TO CONTACT APCH ON 120.8 AS INSTRUCTED. THE GND WAS FULLY VISIBLE FROM 2000' MSL. THE CTLR UPON INITIAL CONTACT INFORMED US WE HAD TAKEN OFF INTO A CTL ZONE THAT WAS IFR AND TO CONTACT HIS SUPVR. WE RECEIVED A CLRNC BACK TO T41 IN VFR WX CONDITIONS AND CANCELLED OUR IFR FLT PLAN. I CALLED THE APCH SUPVR, APPROX 1 HR AFTER THE REQUEST AND HE INFORMED ME THAT PAPERS WOULD BE SENT TO FLT STANDARDS FOR AN INVESTIGATION DUE TO THE SMT PLT HAVING TO MAKE A MISSED APCH TO AVOID HITTING US 'HEAD ON'. THIS, MY PARTNER AND I FOUND TO BE IMPOSSIBLE DUE TO THE FACT THE VOR 13 TERMINATES .5 MI NW OF THE ARPT (.6 DME). WE TOOK OFF TO THE S OVER THE GULF AND CLIMBED TO 1000' MSL BEFORE INITIATING A LEFT TURN TO 360 DEG. OUR POSITION AND HIS, IF HE INTENDED A LNDG FROM HIS APCH AS IMPLIED BY THE PHONE CONVERSATION WE COULD NOT COINCIDE DUE TO THE FACT WE WERE NEVER W OF THE ARPT AFTER TKOF.

Data retrieved from NASA's ASRS site as of July 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.