Charter flight departs SVFR under rapidly changing WX situation. FAA says not legal.

Attributes
ACN	205609
Time
Date	199203
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : bet
State Reference	AK
Altitude	agl bound lower : 0 agl bound upper : 500
Environment
Flight Conditions	Marginal
Light	Daylight
Aircraft 1
Controlling Facilities	tower : bet
Operator	other
Make Model Name	Small Aircraft
Flight Phase	climbout : takeoff
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : cfi pilot : commercial pilot : instrument
Experience	flight time last 90 days : 78 flight time total : 1250
ASRS Report	205609
Person 2
Affiliation	government : faa
Function	controller : local
Qualification	controller : non radar
Events
Anomaly	other anomaly other
Independent Detector	other other : unspecified
Resolutory Action	none taken : detected after the fact
Consequence	faa : investigated
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

ATIS prior to taxi was '...8 overcast, 10 mi visibility.' I requested and received a SVFR clearance. During taxi the ground controller updated the WX calling it 3 broken, 5 overcast, 10 mi visibility. Still being above SVFR mins, and part 135 mins and our company operating specifications I elected to go and was cleared for takeoff. After takeoff I climbed to 500-600 ft, leveled off for approximately 1 min, then proceeded up to 1200 ft. At no time was I in less than VFR or SVFR conditions under part 91, 135, or our operations specifications. Evidently, the field went to a 3 broken ceiling shortly after I left. The FAA is arguing that it was before I left. I did not receive this WX update and knew nothing about it until company called approximately 15 mins after departure and asked what WX I had when I departed. To the best of my knowledge, I never broke VFR mins during the entire flight. The cause of the confusion was rapidly changing WX conditions and isolated pockets of low WX. The WX reports I received didn't come as fast as the FAA says they did. I guess the moral of the story is, if it's close to mins, even if it's not 'less than' mins, you better not elect to go' -- especially if the FAA is anywhere close.

Original NASA ASRS Text

Title: CHARTER FLT DEPARTS SVFR UNDER RAPIDLY CHANGING WX SITUATION. FAA SAYS NOT LEGAL.

Narrative: ATIS PRIOR TO TAXI WAS '...8 OVCST, 10 MI VISIBILITY.' I REQUESTED AND RECEIVED A SVFR CLRNC. DURING TAXI THE GND CTLR UPDATED THE WX CALLING IT 3 BROKEN, 5 OVCST, 10 MI VISIBILITY. STILL BEING ABOVE SVFR MINS, AND PART 135 MINS AND OUR COMPANY OPERATING SPECS I ELECTED TO GO AND WAS CLRED FOR TKOF. AFTER TKOF I CLBED TO 500-600 FT, LEVELED OFF FOR APPROX 1 MIN, THEN PROCEEDED UP TO 1200 FT. AT NO TIME WAS I IN LESS THAN VFR OR SVFR CONDITIONS UNDER PART 91, 135, OR OUR OPS SPECS. EVIDENTLY, THE FIELD WENT TO A 3 BROKEN CEILING SHORTLY AFTER I LEFT. THE FAA IS ARGUING THAT IT WAS BEFORE I LEFT. I DID NOT RECEIVE THIS WX UPDATE AND KNEW NOTHING ABOUT IT UNTIL COMPANY CALLED APPROX 15 MINS AFTER DEP AND ASKED WHAT WX I HAD WHEN I DEPARTED. TO THE BEST OF MY KNOWLEDGE, I NEVER BROKE VFR MINS DURING THE ENTIRE FLT. THE CAUSE OF THE CONFUSION WAS RAPIDLY CHANGING WX CONDITIONS AND ISOLATED POCKETS OF LOW WX. THE WX RPTS I RECEIVED DIDN'T COME AS FAST AS THE FAA SAYS THEY DID. I GUESS THE MORAL OF THE STORY IS, IF IT'S CLOSE TO MINS, EVEN IF IT'S NOT 'LESS THAN' MINS, YOU BETTER NOT ELECT TO GO' -- ESPECIALLY IF THE FAA IS ANYWHERE CLOSE.

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.