An LR35 flight crew takes off from gck to obtain their IFR clearance from ZKC when ict radio cannot supply it for them. The ASOS was reading IFR at gck, the crew estimated a scattered, no ceiling, condition. ZKC controller calls their attention to this discrepancy.

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Attributes
ACN	410620
Time
Date	199808
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : gck
State Reference	KS
Altitude	agl bound lower : 4000 agl bound upper : 4000
Environment
Flight Conditions	VMC
Light	Dawn
Aircraft 1
Controlling Facilities	artcc : zkc
Operator	general aviation : personal
Make Model Name	Learjet 35
Operating Under FAR Part	Part 91
Flight Phase	climbout : takeoff climbout : intermediate altitude ground : holding
Flight Plan	None
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 135
Flight Phase	descent : approach
Route In Use	approach : straight in arrival other
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : commercial pilot : cfi pilot : atp
Experience	flight time last 90 days : 90 flight time total : 3200 flight time type : 1200
ASRS Report	410620
Person 2
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : atp
Experience	flight time last 90 days : 115 flight time total : 2000 flight time type : 1500
ASRS Report	410619
Events
Anomaly	inflight encounter : vfr in imc inflight encounter : weather non adherence : published procedure non adherence : far other anomaly other
Independent Detector	atc equipment other atc equipment : unspecified
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Weather
Air Traffic Incident	Pilot Deviation
Situations
Navigational Aid	Unspecified

Narrative:

While attempting to depart IFR from garden city, ks (gck), the copilot was unable to obtain an IFR clearance from the FSS listed on the appropriate approach plate. We estimated the local conditions to be 3 SM, sky scattered around 300 ft at the departure end of the runway. We decided to depart VFR. The copilot made a TA call on 123.0 and there was 1 aircraft on the ILS runway 35 on a 9 mi final. We felt that this was adequate spacing and departed VFR after making advisory calls on the local frequency. The controller, when contacted, stated that the field was IFR according to the ASOS on the field. We notified the controller that we estimated the field at VFR conditions on the departure end, and then picked up our IFR clearance to our destination. At no time did we violate VFR.

Original NASA ASRS Text

Title: AN LR35 FLC TAKES OFF FROM GCK TO OBTAIN THEIR IFR CLRNC FROM ZKC WHEN ICT RADIO CANNOT SUPPLY IT FOR THEM. THE ASOS WAS READING IFR AT GCK, THE CREW ESTIMATED A SCATTERED, NO CEILING, CONDITION. ZKC CTLR CALLS THEIR ATTN TO THIS DISCREPANCY.

Narrative: WHILE ATTEMPTING TO DEPART IFR FROM GARDEN CITY, KS (GCK), THE COPLT WAS UNABLE TO OBTAIN AN IFR CLRNC FROM THE FSS LISTED ON THE APPROPRIATE APCH PLATE. WE ESTIMATED THE LCL CONDITIONS TO BE 3 SM, SKY SCATTERED AROUND 300 FT AT THE DEP END OF THE RWY. WE DECIDED TO DEPART VFR. THE COPLT MADE A TA CALL ON 123.0 AND THERE WAS 1 ACFT ON THE ILS RWY 35 ON A 9 MI FINAL. WE FELT THAT THIS WAS ADEQUATE SPACING AND DEPARTED VFR AFTER MAKING ADVISORY CALLS ON THE LCL FREQ. THE CTLR, WHEN CONTACTED, STATED THAT THE FIELD WAS IFR ACCORDING TO THE ASOS ON THE FIELD. WE NOTIFIED THE CTLR THAT WE ESTIMATED THE FIELD AT VFR CONDITIONS ON THE DEP END, AND THEN PICKED UP OUR IFR CLRNC TO OUR DEST. AT NO TIME DID WE VIOLATE VFR.

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.