Narrative:

I was flying my small aircraft from tx to ca with my wife and 2 daughters. I was following V94 on an IFR flight plan from midland, tx, to blythe, ca, at 10000 ft MSL. About 30 mi northwest of gila bend VORTAC, I was approaching a cloud deck that at first appeared to be below me. The outside air temperature was 25 degrees F. The cloud layer may have been rising as I approached and I entered it. The cloud contained supercooled moisture and clear ice began to form on the airframe. I called ZAB and told them of my situation and asked for 12000 ft. Center cleared me immediately to 11000 ft but said that an small aircraft B was behind me at 12000 ft and I would have to wait for higher. I began the climb and as I reached 11000 ft I saw the small aircraft B pass over through a hole in the cloud. I was climbing at about 90 KTS and the small aircraft B in cruise was probably going over 160. It was imperative that I continue to climb before the ice made it impossible. Since the traffic was no longer a factor I continued to climb. At 11500 ft center asked me to verify that I was at 11000 ft. I replied that I was at 11500 ft and center asked if I wanted to cancel IFR. I replied negative and that I needed to continue the climb to 12000 ft. Center replied that I couldn't because of the required 5 mi spacing. Center finally gave me a vector to turn me away from the now long gone small aircraft B and I ultimately got to 12000 ft and out of the problem. I understand center's concern with the 5 mi spacing because that is their rule. In normal circumstances it is a good rule and I have no problem with it. In some situations, however, such as the one I was in, I believe that center should have some latitude to make exceptions. It is not reasonable to enforce a 'rule' to the point of causing a plane crash claiming the lives of 4 people! While I remember the event vividly I cannot remember exactly my communications with center. I feel sure, however, that I told them of the small aircraft B passing overhead at the time it happened. Assuming it took me 4 mins to climb from 11000 ft to 12000 ft and the small aircraft B was going 80 mph faster than I, it would have been 5.3 mi from me when I reached 12000 ft. 'Rules' should not be permitted to interfere with thinking!

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Original NASA ASRS Text

Title: PLT OF IFR FLT CLBS ABOVE ASSIGNED WITHOUT CLRNC DUE TO ICING.

Narrative: I WAS FLYING MY SMA FROM TX TO CA WITH MY WIFE AND 2 DAUGHTERS. I WAS FOLLOWING V94 ON AN IFR FLT PLAN FROM MIDLAND, TX, TO BLYTHE, CA, AT 10000 FT MSL. ABOUT 30 MI NW OF GILA BEND VORTAC, I WAS APCHING A CLOUD DECK THAT AT FIRST APPEARED TO BE BELOW ME. THE OUTSIDE AIR TEMP WAS 25 DEGS F. THE CLOUD LAYER MAY HAVE BEEN RISING AS I APCHED AND I ENTERED IT. THE CLOUD CONTAINED SUPERCOOLED MOISTURE AND CLR ICE BEGAN TO FORM ON THE AIRFRAME. I CALLED ZAB AND TOLD THEM OF MY SITUATION AND ASKED FOR 12000 FT. CENTER CLRED ME IMMEDIATELY TO 11000 FT BUT SAID THAT AN SMA B WAS BEHIND ME AT 12000 FT AND I WOULD HAVE TO WAIT FOR HIGHER. I BEGAN THE CLB AND AS I REACHED 11000 FT I SAW THE SMA B PASS OVER THROUGH A HOLE IN THE CLOUD. I WAS CLBING AT ABOUT 90 KTS AND THE SMA B IN CRUISE WAS PROBABLY GOING OVER 160. IT WAS IMPERATIVE THAT I CONTINUE TO CLB BEFORE THE ICE MADE IT IMPOSSIBLE. SINCE THE TFC WAS NO LONGER A FACTOR I CONTINUED TO CLB. AT 11500 FT CENTER ASKED ME TO VERIFY THAT I WAS AT 11000 FT. I REPLIED THAT I WAS AT 11500 FT AND CENTER ASKED IF I WANTED TO CANCEL IFR. I REPLIED NEGATIVE AND THAT I NEEDED TO CONTINUE THE CLB TO 12000 FT. CENTER REPLIED THAT I COULDN'T BECAUSE OF THE REQUIRED 5 MI SPACING. CENTER FINALLY GAVE ME A VECTOR TO TURN ME AWAY FROM THE NOW LONG GONE SMA B AND I ULTIMATELY GOT TO 12000 FT AND OUT OF THE PROBLEM. I UNDERSTAND CENTER'S CONCERN WITH THE 5 MI SPACING BECAUSE THAT IS THEIR RULE. IN NORMAL CIRCUMSTANCES IT IS A GOOD RULE AND I HAVE NO PROBLEM WITH IT. IN SOME SITUATIONS, HOWEVER, SUCH AS THE ONE I WAS IN, I BELIEVE THAT CENTER SHOULD HAVE SOME LATITUDE TO MAKE EXCEPTIONS. IT IS NOT REASONABLE TO ENFORCE A 'RULE' TO THE POINT OF CAUSING A PLANE CRASH CLAIMING THE LIVES OF 4 PEOPLE! WHILE I REMEMBER THE EVENT VIVIDLY I CANNOT REMEMBER EXACTLY MY COMS WITH CENTER. I FEEL SURE, HOWEVER, THAT I TOLD THEM OF THE SMA B PASSING OVERHEAD AT THE TIME IT HAPPENED. ASSUMING IT TOOK ME 4 MINS TO CLB FROM 11000 FT TO 12000 FT AND THE SMA B WAS GOING 80 MPH FASTER THAN I, IT WOULD HAVE BEEN 5.3 MI FROM ME WHEN I REACHED 12000 FT. 'RULES' SHOULD NOT BE PERMITTED TO INTERFERE WITH THINKING!

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.