Narrative:

Takeoff was from uncontrolled airport at night. Approach provided clearance while still on the ground. We departed in VFR conditions to pick up contact with approach. This flight was conducted under part 91 as there were no passenger aboard and planned as a ferry flight. After contact with departure, the controller stated that we had not been released. He did not state that we had violated anything but I felt he thought we had penetrated IFR conditions which we had not. To my knowledge what we did was perfectly legal as long as we do not enter IFR conditions prior to receiving clearance. Callback conversation with reporter revealed the following information: reporter states there has been no FAA follow up. He does not believe that a report was made. The aircraft was a B737. He was counseled that a departure clearance is needed whether part 91 or part 121. Reporter says the confusion came about because he used to fly part 135 where a clearance was company filed with no contact available from the ground at a non tower airport. They would depart VFR and request clearance when airborne.

Related reports:

Google
 

Original NASA ASRS Text

Title: B737 DEPARTS AFTER TWR CLOSED AND AFTER CONTACTING TRACON BUT FORGETS TO WAIT FOR DEP CLRNC.

Narrative: TKOF WAS FROM UNCTLED ARPT AT NIGHT. APCH PROVIDED CLRNC WHILE STILL ON THE GND. WE DEPARTED IN VFR CONDITIONS TO PICK UP CONTACT WITH APCH. THIS FLT WAS CONDUCTED UNDER PART 91 AS THERE WERE NO PAX ABOARD AND PLANNED AS A FERRY FLT. AFTER CONTACT WITH DEP, THE CTLR STATED THAT WE HAD NOT BEEN RELEASED. HE DID NOT STATE THAT WE HAD VIOLATED ANYTHING BUT I FELT HE THOUGHT WE HAD PENETRATED IFR CONDITIONS WHICH WE HAD NOT. TO MY KNOWLEDGE WHAT WE DID WAS PERFECTLY LEGAL AS LONG AS WE DO NOT ENTER IFR CONDITIONS PRIOR TO RECEIVING CLRNC. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES THERE HAS BEEN NO FAA FOLLOW UP. HE DOES NOT BELIEVE THAT A RPT WAS MADE. THE ACFT WAS A B737. HE WAS COUNSELED THAT A DEP CLRNC IS NEEDED WHETHER PART 91 OR PART 121. RPTR SAYS THE CONFUSION CAME ABOUT BECAUSE HE USED TO FLY PART 135 WHERE A CLRNC WAS COMPANY FILED WITH NO CONTACT AVAILABLE FROM THE GND AT A NON TWR ARPT. THEY WOULD DEPART VFR AND REQUEST CLRNC WHEN AIRBORNE.

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.