Narrative:

Flying northeast VFR, I contacted phl TCA 20 mi southeast. I was given a transponder code and cleared into the TCA at 3500'. Sky was high scattered with late afternoon sun. I was given an altimeter setting (30.07) and asked my heading (030 degrees). I was handed off to another controller and given an altimeter setting (30.08). Approximately 12 mi west of phl, the sky had a large cloud formation which appeared to have a bottom of approximately 3500+' MSL. To the east, it was sunny and scattered. I contacted ATC and advised I was getting into a snow shower cloud, and asked if a lower altitude was available. Response was, 'negative, you have to let me know sooner that this. Immediately climb to 4500'.' I immediately started climb and when at 4200' was contacted by ATC who asked if I was still in clouds. I responded, 'affirmative.' was told, 'maintain 4000.' in descending, I went through 4000 to approximately 3900'. Caught it and started to correct. Flight was now choppy with up and downdrafts. I leveled off, again dropped below 4000' momentarily (approximately 3850-3900'). ATC contacted me again. Said something about vectors to yardley VOR. Asked, 'can you turn to a heading of 090 degrees?' I replied, 'affirmative.' I did not turn, since I was not directed to. ATC contacted me again, asking, 'what altitude are you?' I replied, '3900-4000'.' ATC responded, 'we have you indicating 3600'. There must be something wrong with your altimeter.' ATC again contacted me: 'turn to a heading of 360 degrees.' I immediately turned. Then, 'maintain 4000.' during this time, snow was heavy, starting to stick to wings. Noticing it to be much brighter toward the west, I asked ATC if I could have a more west heading. Response was, 'it appears to be clear in the north. Maintain present heading and should come out of it.' then added, 'talked to someone n--is clear there.' within a few mins I broke out, sky scattered, visibility at least 7+ mi. ATC then called and asked if I wanted to, 'cancel IFR flight plan or continue?' I responded, 'cancel, I will resume VFR. Area is all clear ahead.' in submitting to ASRS, I would like to ask 2 question, since I'm not sure if any event/situation actually took place. 1) flying VFR, what action should/could the pilot take under the foregoing situation? Since I was already into the TCA, it was my judgement (responsibility) to follow directions of ATC, even though it put me in IFR conditions for which I'm not licensed. Callback conversation with reporter revealed the following: reporter states he felt he would 'foul up' the system if he did not continue and comply with ATC. Said ATC slow to respond to his call, so he was in the cloud by time they did respond. Said he was never asked if IFR rated!!! Analyst counseled re: cloud clearance when VFR and following the VFR requirements. Mostly counseled to notify that not IFR rated. It is not ATC responsibility to determine if he is or not.

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Original NASA ASRS Text

Title: VFR PLT FLIES INTO SNOW SHOWER AND REQUESTS LOWER ALT. DENIED INSTRUCTED TO CLIMB. COMPLIES BUT NOT IFR RATED.

Narrative: FLYING NE VFR, I CONTACTED PHL TCA 20 MI SE. I WAS GIVEN A XPONDER CODE AND CLRED INTO THE TCA AT 3500'. SKY WAS HIGH SCATTERED WITH LATE AFTERNOON SUN. I WAS GIVEN AN ALTIMETER SETTING (30.07) AND ASKED MY HDG (030 DEGS). I WAS HANDED OFF TO ANOTHER CTLR AND GIVEN AN ALTIMETER SETTING (30.08). APPROX 12 MI W OF PHL, THE SKY HAD A LARGE CLOUD FORMATION WHICH APPEARED TO HAVE A BOTTOM OF APPROX 3500+' MSL. TO THE E, IT WAS SUNNY AND SCATTERED. I CONTACTED ATC AND ADVISED I WAS GETTING INTO A SNOW SHOWER CLOUD, AND ASKED IF A LOWER ALT WAS AVAILABLE. RESPONSE WAS, 'NEGATIVE, YOU HAVE TO LET ME KNOW SOONER THAT THIS. IMMEDIATELY CLB TO 4500'.' I IMMEDIATELY STARTED CLB AND WHEN AT 4200' WAS CONTACTED BY ATC WHO ASKED IF I WAS STILL IN CLOUDS. I RESPONDED, 'AFFIRMATIVE.' WAS TOLD, 'MAINTAIN 4000.' IN DSNDING, I WENT THROUGH 4000 TO APPROX 3900'. CAUGHT IT AND STARTED TO CORRECT. FLT WAS NOW CHOPPY WITH UP AND DOWNDRAFTS. I LEVELED OFF, AGAIN DROPPED BELOW 4000' MOMENTARILY (APPROX 3850-3900'). ATC CONTACTED ME AGAIN. SAID SOMETHING ABOUT VECTORS TO YARDLEY VOR. ASKED, 'CAN YOU TURN TO A HDG OF 090 DEGS?' I REPLIED, 'AFFIRMATIVE.' I DID NOT TURN, SINCE I WAS NOT DIRECTED TO. ATC CONTACTED ME AGAIN, ASKING, 'WHAT ALT ARE YOU?' I REPLIED, '3900-4000'.' ATC RESPONDED, 'WE HAVE YOU INDICATING 3600'. THERE MUST BE SOMETHING WRONG WITH YOUR ALTIMETER.' ATC AGAIN CONTACTED ME: 'TURN TO A HDG OF 360 DEGS.' I IMMEDIATELY TURNED. THEN, 'MAINTAIN 4000.' DURING THIS TIME, SNOW WAS HEAVY, STARTING TO STICK TO WINGS. NOTICING IT TO BE MUCH BRIGHTER TOWARD THE W, I ASKED ATC IF I COULD HAVE A MORE W HDG. RESPONSE WAS, 'IT APPEARS TO BE CLR IN THE N. MAINTAIN PRESENT HDG AND SHOULD COME OUT OF IT.' THEN ADDED, 'TALKED TO SOMEONE N--IS CLR THERE.' WITHIN A FEW MINS I BROKE OUT, SKY SCATTERED, VISIBILITY AT LEAST 7+ MI. ATC THEN CALLED AND ASKED IF I WANTED TO, 'CANCEL IFR FLT PLAN OR CONTINUE?' I RESPONDED, 'CANCEL, I WILL RESUME VFR. AREA IS ALL CLR AHEAD.' IN SUBMITTING TO ASRS, I WOULD LIKE TO ASK 2 QUESTION, SINCE I'M NOT SURE IF ANY EVENT/SITUATION ACTUALLY TOOK PLACE. 1) FLYING VFR, WHAT ACTION SHOULD/COULD THE PLT TAKE UNDER THE FOREGOING SITUATION? SINCE I WAS ALREADY INTO THE TCA, IT WAS MY JUDGEMENT (RESPONSIBILITY) TO FOLLOW DIRECTIONS OF ATC, EVEN THOUGH IT PUT ME IN IFR CONDITIONS FOR WHICH I'M NOT LICENSED. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: RPTR STATES HE FELT HE WOULD 'FOUL UP' THE SYS IF HE DID NOT CONTINUE AND COMPLY WITH ATC. SAID ATC SLOW TO RESPOND TO HIS CALL, SO HE WAS IN THE CLOUD BY TIME THEY DID RESPOND. SAID HE WAS NEVER ASKED IF IFR RATED!!! ANALYST COUNSELED RE: CLOUD CLRNC WHEN VFR AND FOLLOWING THE VFR REQUIREMENTS. MOSTLY COUNSELED TO NOTIFY THAT NOT IFR RATED. IT IS NOT ATC RESPONSIBILITY TO DETERMINE IF HE IS OR NOT.

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.