Narrative:

I had just finished my biannual flight review 2 days before after not flying for 10 1/2 months. We didn't go over cloud clearance requirements. I should have looked them up on my own though. Pao was IFR but there were some definite holes in the fog layer. I had remembered that SVFR you could stay clear of clouds and that there had been a recent change so that you could be clear of clouds near an ATC facility, but later determined this was for class B not class C airspace. During the preflight the field went VFR. I taxied, did a run-up, and departed with a right dumbarton departure. Bases were at 800 ft and tops at about 1400 ft. If I had been flying more recently I probably would have realized that I could have gone above 1400 ft to the north. Many of us stay below 1400 ft on departure/arrival to make 100 percent sure we don't bump into sjc's arsa. I had full power so it was difficult to keep it at 1400 ft and sometimes went to 1500 ft. Until I got over fremont you could say I was scud running on top. What caused the problem is my ignorance of the FARS and the desire to fly rather than drive to fresno. Although not an excuse, what was bizarre is that if the field was still IFR I could have easily gotten out legally and safely with a SVFR clearance. I guess it would be nice to be able to set it up where it would be possible to depart when there are holes in the layer. I thought about contacting ATC about the best way to handle this departure, but I know they can't recommend what to do, and basically didn't want to put them in between a rock and a hard place.

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Original NASA ASRS Text

Title: RPTR FLIES INTO ARSA WITHOUT CONTACTING CTLING AGENCY AND FLIES INTO IMC WITHOUT IFR CLRNC.

Narrative: I HAD JUST FINISHED MY BIANNUAL FLT REVIEW 2 DAYS BEFORE AFTER NOT FLYING FOR 10 1/2 MONTHS. WE DIDN'T GO OVER CLOUD CLRNC REQUIREMENTS. I SHOULD HAVE LOOKED THEM UP ON MY OWN THOUGH. PAO WAS IFR BUT THERE WERE SOME DEFINITE HOLES IN THE FOG LAYER. I HAD REMEMBERED THAT SVFR YOU COULD STAY CLR OF CLOUDS AND THAT THERE HAD BEEN A RECENT CHANGE SO THAT YOU COULD BE CLR OF CLOUDS NEAR AN ATC FACILITY, BUT LATER DETERMINED THIS WAS FOR CLASS B NOT CLASS C AIRSPACE. DURING THE PREFLT THE FIELD WENT VFR. I TAXIED, DID A RUN-UP, AND DEPARTED WITH A R DUMBARTON DEP. BASES WERE AT 800 FT AND TOPS AT ABOUT 1400 FT. IF I HAD BEEN FLYING MORE RECENTLY I PROBABLY WOULD HAVE REALIZED THAT I COULD HAVE GONE ABOVE 1400 FT TO THE N. MANY OF US STAY BELOW 1400 FT ON DEP/ARR TO MAKE 100 PERCENT SURE WE DON'T BUMP INTO SJC'S ARSA. I HAD FULL PWR SO IT WAS DIFFICULT TO KEEP IT AT 1400 FT AND SOMETIMES WENT TO 1500 FT. UNTIL I GOT OVER FREMONT YOU COULD SAY I WAS SCUD RUNNING ON TOP. WHAT CAUSED THE PROB IS MY IGNORANCE OF THE FARS AND THE DESIRE TO FLY RATHER THAN DRIVE TO FRESNO. ALTHOUGH NOT AN EXCUSE, WHAT WAS BIZARRE IS THAT IF THE FIELD WAS STILL IFR I COULD HAVE EASILY GOTTEN OUT LEGALLY AND SAFELY WITH A SVFR CLRNC. I GUESS IT WOULD BE NICE TO BE ABLE TO SET IT UP WHERE IT WOULD BE POSSIBLE TO DEPART WHEN THERE ARE HOLES IN THE LAYER. I THOUGHT ABOUT CONTACTING ATC ABOUT THE BEST WAY TO HANDLE THIS DEP, BUT I KNOW THEY CAN'T RECOMMEND WHAT TO DO, AND BASICALLY DIDN'T WANT TO PUT THEM IN BTWN A ROCK AND A HARD PLACE.

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.