H25A crew entered phx class B airspace without clearance on departure at sdl.

Attributes
ACN	541432
Time
Date	200203
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sdl.airport
State Reference	AZ
Altitude	msl single value : 8000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : p50.tracon tower : sdl.tower
Operator	general aviation : corporate
Operating Under FAR Part	Part 91
Navigation In Use	other
Flight Phase	climbout : initial
Flight Plan	IFR
Person 1
Affiliation	company : charter
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : atp pilot : cfi
Experience	flight time last 90 days : 180 flight time total : 4800 flight time type : 350
ASRS Report	541432
Person 2
Affiliation	company : charter
Function	flight crew : first officer
Events
Anomaly	airspace violation : entry non adherence : far non adherence : published procedure
Independent Detector	atc equipment other atc equipment : radar other controllera
Resolutory Action	controller : issued new clearance controller : issued alert none taken : detected after the fact
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

While waiting to depart sdl on an IFR flight plan, our departure was delayed on the ground due to traffic. We advised sdl tower that we could give them a VFR climb out. Our intention was, we could maintain our own traffic separation while obtaining IFR clearance airborne. Sdl tower apparently thought that we intended to cancel our IFR flight plan. Sdl tower cleared us for departure and told us to squawk VFR. After squawking VFR on the climb out we questioned sdl tower if we were to remain on the previously issued banyo.4 departure. The tower replied 'yes, pick up your clearance with phx departure.' we contacted phx departure and were surprised by the instructions to 'climb VFR and remain clear of the class B airspace.' we immediately pulled out the VFR chart to determine the appropriate corridor. Within moments, phx departure advised us to 'descend immediately to 5000 ft,' which we complied with. It is my belief that a miscom with sdl tower prompted this situation. We never intended to cancel IFR, and were told to squawk VFR on the takeoff clearance. In retrospect the tower should have confirmed our intentions rather than assuming.

Original NASA ASRS Text

Title: H25A CREW ENTERED PHX CLASS B AIRSPACE WITHOUT CLRNC ON DEP AT SDL.

Narrative: WHILE WAITING TO DEPART SDL ON AN IFR FLT PLAN, OUR DEP WAS DELAYED ON THE GND DUE TO TFC. WE ADVISED SDL TWR THAT WE COULD GIVE THEM A VFR CLBOUT. OUR INTENTION WAS, WE COULD MAINTAIN OUR OWN TFC SEPARATION WHILE OBTAINING IFR CLRNC AIRBORNE. SDL TWR APPARENTLY THOUGHT THAT WE INTENDED TO CANCEL OUR IFR FLT PLAN. SDL TWR CLRED US FOR DEP AND TOLD US TO SQUAWK VFR. AFTER SQUAWKING VFR ON THE CLBOUT WE QUESTIONED SDL TWR IF WE WERE TO REMAIN ON THE PREVIOUSLY ISSUED BANYO.4 DEP. THE TWR REPLIED 'YES, PICK UP YOUR CLRNC WITH PHX DEP.' WE CONTACTED PHX DEP AND WERE SURPRISED BY THE INSTRUCTIONS TO 'CLB VFR AND REMAIN CLR OF THE CLASS B AIRSPACE.' WE IMMEDIATELY PULLED OUT THE VFR CHART TO DETERMINE THE APPROPRIATE CORRIDOR. WITHIN MOMENTS, PHX DEP ADVISED US TO 'DSND IMMEDIATELY TO 5000 FT,' WHICH WE COMPLIED WITH. IT IS MY BELIEF THAT A MISCOM WITH SDL TWR PROMPTED THIS SIT. WE NEVER INTENDED TO CANCEL IFR, AND WERE TOLD TO SQUAWK VFR ON THE TKOF CLRNC. IN RETROSPECT THE TWR SHOULD HAVE CONFIRMED OUR INTENTIONS RATHER THAN ASSUMING.

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.