Narrative:

An IFR flight plan was filed for a flight from fdk to 2g4. Morgantown FSS was reporting 4500 broken and WX/storms was expected later that day. Fdk was 3500 to 3000. I departed fdk VFR and planned to pick up my clearance over martinsburg with dulles approach (which I have done before). Just before I called dulles, another aircraft called for a clearance into martinsburg from hagerstown. Dulles responded 'can you climb VFR to 4000?' the response was 'negative.' dulles responded 'remain VFR.' I called dulles approach to pick up my clearance, was assigned a squawk code and was told to standby while he tried to activate my clearance. Meanwhile, I proceeded on my filed route VFR. Approximately 15 mi west of martinsburg, dulles said that I was leaving his airspace, told me to squawk 1200 and gave me ZDC's frequency. At this point, assuming I couldn't climb to the MVA/MEA to pick up my clearance, I continued VFR. For the next 25 to 30 mi the WX looked okay until I reached keyser, wv. Where I made a 180 due to visibility, but everything closed in behind me. I called center but they could not hear me because of my low altitude, I heard other aircraft talking to center so I declared an emergency for an immediate IFR clearance which another aircraft relayed to center. Just as I was reaching controled airspace at 3000 ft, I established radio and radar contact with center and he gave me a clearance. The flight continued with no other problems. Conclusion: because fdk airport falls under baltimore's airspace, I should have filed from martinsburg to pick up my clearance with dulles. Concerning continued VFR flight into marginal conditions, I think several factors played a part in my decision. First, because I heard a request for an IFR clearance denied because the pilot could not climb VFR to MVA/MEA, I was reluctant to call center. Second, morgantown FSS had reported 4500 broken before my departure, I thought conditions would not become any worse and I was familiar with the terrain. I will definitely use a more conservative decision process concerning VFR flight.

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Original NASA ASRS Text

Title: AN SMA PLT HAD TO CLB INTO THE CLOUDS WITHOUT IFR CLRNC BECAUSE HE WAS UNABLE TO CONTACT ANYONE WHILE VFR UNDERNEATH.

Narrative: AN IFR FLT PLAN WAS FILED FOR A FLT FROM FDK TO 2G4. MORGANTOWN FSS WAS RPTING 4500 BROKEN AND WX/STORMS WAS EXPECTED LATER THAT DAY. FDK WAS 3500 TO 3000. I DEPARTED FDK VFR AND PLANNED TO PICK UP MY CLRNC OVER MARTINSBURG WITH DULLES APCH (WHICH I HAVE DONE BEFORE). JUST BEFORE I CALLED DULLES, ANOTHER ACFT CALLED FOR A CLRNC INTO MARTINSBURG FROM HAGERSTOWN. DULLES RESPONDED 'CAN YOU CLB VFR TO 4000?' THE RESPONSE WAS 'NEGATIVE.' DULLES RESPONDED 'REMAIN VFR.' I CALLED DULLES APCH TO PICK UP MY CLRNC, WAS ASSIGNED A SQUAWK CODE AND WAS TOLD TO STANDBY WHILE HE TRIED TO ACTIVATE MY CLRNC. MEANWHILE, I PROCEEDED ON MY FILED RTE VFR. APPROX 15 MI W OF MARTINSBURG, DULLES SAID THAT I WAS LEAVING HIS AIRSPACE, TOLD ME TO SQUAWK 1200 AND GAVE ME ZDC'S FREQ. AT THIS POINT, ASSUMING I COULDN'T CLB TO THE MVA/MEA TO PICK UP MY CLRNC, I CONTINUED VFR. FOR THE NEXT 25 TO 30 MI THE WX LOOKED OKAY UNTIL I REACHED KEYSER, WV. WHERE I MADE A 180 DUE TO VISIBILITY, BUT EVERYTHING CLOSED IN BEHIND ME. I CALLED CTR BUT THEY COULD NOT HEAR ME BECAUSE OF MY LOW ALT, I HEARD OTHER ACFT TALKING TO CTR SO I DECLARED AN EMER FOR AN IMMEDIATE IFR CLRNC WHICH ANOTHER ACFT RELAYED TO CTR. JUST AS I WAS REACHING CTLED AIRSPACE AT 3000 FT, I ESTABLISHED RADIO AND RADAR CONTACT WITH CTR AND HE GAVE ME A CLRNC. THE FLT CONTINUED WITH NO OTHER PROBLEMS. CONCLUSION: BECAUSE FDK ARPT FALLS UNDER BALTIMORE'S AIRSPACE, I SHOULD HAVE FILED FROM MARTINSBURG TO PICK UP MY CLRNC WITH DULLES. CONCERNING CONTINUED VFR FLT INTO MARGINAL CONDITIONS, I THINK SEVERAL FACTORS PLAYED A PART IN MY DECISION. FIRST, BECAUSE I HEARD A REQUEST FOR AN IFR CLRNC DENIED BECAUSE THE PLT COULD NOT CLB VFR TO MVA/MEA, I WAS RELUCTANT TO CALL CTR. SECOND, MORGANTOWN FSS HAD RPTED 4500 BROKEN BEFORE MY DEP, I THOUGHT CONDITIONS WOULD NOT BECOME ANY WORSE AND I WAS FAMILIAR WITH THE TERRAIN. I WILL DEFINITELY USE A MORE CONSERVATIVE DECISION PROCESS CONCERNING VFR FLT.

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.