VFR in IMC -- avoiding WX while waiting for IFR clearance.

Attributes
ACN	309520
Time
Date	199507
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : hcm airport : w75
State Reference	VA
Altitude	msl bound lower : 4000 msl bound upper : 6000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : orf
Operator	general aviation : instructional
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Route In Use	enroute : direct enroute : on vectors
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 : 20 flight time total : 1340 flight time type : 500
ASRS Report	309520
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	inflight encounter : weather inflight encounter : vfr in imc other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance flight crew : returned to intended course or assigned course
Consequence	Other
Supplementary
Primary Problem	Weather
Air Traffic Incident	Pilot Deviation other

Narrative:

Departed W-75 VFR, climbed to 4000 ft MSL and contacted norfolk, va, approach control 118.9 for clearance, was given squawk code and advised to stand by. Since a clearance wasn't given, I had to stay VFR so I initiated a climb to avoid some cumulus buildups -- 6000 ft MSL. When the controller finished this apparent emergency with another aircraft, 5 mins had elapsed and still no clearance. When he finally responded, he questioned my climb to altitude, so I explained my situation. He seemed upset that I didn't notify him of any altitude change. I reminded him that I didn't have a clearance and had to stay VFR. He finally issued my IFR clearance after some negotiation for vectors and direct ofp. Incidentally, I filed for 4000 ft MSL.

Original NASA ASRS Text

Title: VFR IN IMC -- AVOIDING WX WHILE WAITING FOR IFR CLRNC.

Narrative: DEPARTED W-75 VFR, CLBED TO 4000 FT MSL AND CONTACTED NORFOLK, VA, APCH CTL 118.9 FOR CLRNC, WAS GIVEN SQUAWK CODE AND ADVISED TO STAND BY. SINCE A CLRNC WASN'T GIVEN, I HAD TO STAY VFR SO I INITIATED A CLB TO AVOID SOME CUMULUS BUILDUPS -- 6000 FT MSL. WHEN THE CTLR FINISHED THIS APPARENT EMER WITH ANOTHER ACFT, 5 MINS HAD ELAPSED AND STILL NO CLRNC. WHEN HE FINALLY RESPONDED, HE QUESTIONED MY CLB TO ALT, SO I EXPLAINED MY SIT. HE SEEMED UPSET THAT I DIDN'T NOTIFY HIM OF ANY ALT CHANGE. I REMINDED HIM THAT I DIDN'T HAVE A CLRNC AND HAD TO STAY VFR. HE FINALLY ISSUED MY IFR CLRNC AFTER SOME NEGOTIATION FOR VECTORS AND DIRECT OFP. INCIDENTALLY, I FILED FOR 4000 FT MSL.

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.