Atx frt pilot requests climb to VFR on top at 12500, but encounters IMC while on the way up.

Attributes
ACN	158725
Time
Date	199010
Day	Tue
Local Time Of Day	0001 To 0600
Place
Locale Reference	airport : bur
State Reference	CA
Altitude	msl bound lower : 2200 msl bound upper : 12500
Environment
Flight Conditions	Mixed
Light	Night
Aircraft 1
Controlling Facilities	tracon : bur
Operator	common carrier : air taxi
Make Model Name	Small Aircraft
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : commercial
Experience	flight time last 90 days : 200 flight time total : 2850 flight time type : 250
ASRS Report	158725
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	inflight encounter : vfr in imc inflight encounter : weather non adherence : clearance non adherence : far
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Departed burbank on IFR flight plan to reno, north. Assigned altitude was 10000'. While VFR in climb out, requested '...climb to VFR on top at 12500'.' controller asked if I was VFR on top now. Since the reported ceiling above me appeared thin or nonexistent along my projected climb path, I replied 'affirm.' conditions on top at 12500'. Shortly thereafter I entered IFR conditions for a brief period. Realizing that IMC conditions are difficult to discern at night until they are actually encountered, I should not have told the controller I could climb in VFR conditions to 12500' until I was definitely above the reported layer.

Original NASA ASRS Text

Title: ATX FRT PLT REQUESTS CLIMB TO VFR ON TOP AT 12500, BUT ENCOUNTERS IMC WHILE ON THE WAY UP.

Narrative: DEPARTED BURBANK ON IFR FLT PLAN TO RENO, N. ASSIGNED ALT WAS 10000'. WHILE VFR IN CLBOUT, REQUESTED '...CLB TO VFR ON TOP AT 12500'.' CTLR ASKED IF I WAS VFR ON TOP NOW. SINCE THE RPTED CEILING ABOVE ME APPEARED THIN OR NONEXISTENT ALONG MY PROJECTED CLB PATH, I REPLIED 'AFFIRM.' CONDITIONS ON TOP AT 12500'. SHORTLY THEREAFTER I ENTERED IFR CONDITIONS FOR A BRIEF PERIOD. REALIZING THAT IMC CONDITIONS ARE DIFFICULT TO DISCERN AT NIGHT UNTIL THEY ARE ACTUALLY ENCOUNTERED, I SHOULD NOT HAVE TOLD THE CTLR I COULD CLB IN VFR CONDITIONS TO 12500' UNTIL I WAS DEFINITELY ABOVE THE RPTED LAYER.

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.