Narrative:

My student and I had departed on a multi-engine training flight to the northwest practice area (just northwest of the airport). The ceilings were 1500 ft overcast and the tops were at about 3500 ft MSL. Our plan was to go IFR to get on top of the clouds so that we could practice the VFR maneuvers required for the rating; followed by some ILS approachs into pns. We received our IFR clearance on the ground and departed into the clouds. Upon breaking out on top; we advised ATC that we would like to maneuver and then shoot some ILS approachs. We asked if we could stay on the IFR clearance because we would only be maneuvering for a few moments and would need the clearance to penetrate back through the layer for the approachs anyway. The ATC controller told us that we would need to cancel IFR to be allowed to maneuver; but said that he understood that we would need an IFR clearance to come back in and that we should 'advise him when ready for the approachs.' so we canceled our clearance and performed our maneuvers. Upon completion of the maneuvers; we advised ATC that we 'were ready for those approachs now.' the controller acknowledged; gave us a vector for the final approach and descended us to a lower altitude. About 2 mins after IMC penetration; he handed us off to another controller. Upon contacting the new controller; she gave us a new vector and the instructions to 'remain VFR.' as soon as we heard those words; both my student and I realized that we had penetrated into IMC without a clearance. Although the previous controller had given us all of the components of an airborne IFR clearance; he had never actually said the words; 'cleared to....' we quickly advised the new controller that we were already in IMC and would like a clearance. She then (after confirming we were IFR rated and in a capable aircraft) issued us an IFR clearance and we continued the approach. We landed at our destination without another event and debriefed on what had transpired. I believe the cause of the incident was a combination of 2 factors: first; was that in the course of the VFR on top maneuvers; we were in constant ATC contact for TA's; so I had forgot that we had canceled the IFR clearance. Second; and primary; was the failure on my part to recognize that the instructions given from ATC for the approach did not constitute a clearance. It had been my experience that when ATC gives instructions that is not an IFR clearance; they will advise you to 'remain VFR.' the first ATC controller did not give that advisory; and as a result I interpreted the instructions as an IFR clearance. Had I realized the first time we contacted the controller that the instructions from ATC did not contain the words 'cleared to...;' the incident would never have happened. I will in the future pay very close attention to exactly what ATC is saying and clarify whenever there might be some confusion.

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Original NASA ASRS Text

Title: PA44 INSTRUCTOR PLT EXPERIENCED CONFUSION REGARDING ATC ISSUANCE OF IFR CLRNC DURING PRACTICE APCHS INTO PNS.

Narrative: MY STUDENT AND I HAD DEPARTED ON A MULTI-ENG TRAINING FLT TO THE NW PRACTICE AREA (JUST NW OF THE ARPT). THE CEILINGS WERE 1500 FT OVCST AND THE TOPS WERE AT ABOUT 3500 FT MSL. OUR PLAN WAS TO GO IFR TO GET ON TOP OF THE CLOUDS SO THAT WE COULD PRACTICE THE VFR MANEUVERS REQUIRED FOR THE RATING; FOLLOWED BY SOME ILS APCHS INTO PNS. WE RECEIVED OUR IFR CLRNC ON THE GND AND DEPARTED INTO THE CLOUDS. UPON BREAKING OUT ON TOP; WE ADVISED ATC THAT WE WOULD LIKE TO MANEUVER AND THEN SHOOT SOME ILS APCHS. WE ASKED IF WE COULD STAY ON THE IFR CLRNC BECAUSE WE WOULD ONLY BE MANEUVERING FOR A FEW MOMENTS AND WOULD NEED THE CLRNC TO PENETRATE BACK THROUGH THE LAYER FOR THE APCHS ANYWAY. THE ATC CTLR TOLD US THAT WE WOULD NEED TO CANCEL IFR TO BE ALLOWED TO MANEUVER; BUT SAID THAT HE UNDERSTOOD THAT WE WOULD NEED AN IFR CLRNC TO COME BACK IN AND THAT WE SHOULD 'ADVISE HIM WHEN READY FOR THE APCHS.' SO WE CANCELED OUR CLRNC AND PERFORMED OUR MANEUVERS. UPON COMPLETION OF THE MANEUVERS; WE ADVISED ATC THAT WE 'WERE READY FOR THOSE APCHS NOW.' THE CTLR ACKNOWLEDGED; GAVE US A VECTOR FOR THE FINAL APCH AND DSNDED US TO A LOWER ALT. ABOUT 2 MINS AFTER IMC PENETRATION; HE HANDED US OFF TO ANOTHER CTLR. UPON CONTACTING THE NEW CTLR; SHE GAVE US A NEW VECTOR AND THE INSTRUCTIONS TO 'REMAIN VFR.' AS SOON AS WE HEARD THOSE WORDS; BOTH MY STUDENT AND I REALIZED THAT WE HAD PENETRATED INTO IMC WITHOUT A CLRNC. ALTHOUGH THE PREVIOUS CTLR HAD GIVEN US ALL OF THE COMPONENTS OF AN AIRBORNE IFR CLRNC; HE HAD NEVER ACTUALLY SAID THE WORDS; 'CLRED TO....' WE QUICKLY ADVISED THE NEW CTLR THAT WE WERE ALREADY IN IMC AND WOULD LIKE A CLRNC. SHE THEN (AFTER CONFIRMING WE WERE IFR RATED AND IN A CAPABLE ACFT) ISSUED US AN IFR CLRNC AND WE CONTINUED THE APCH. WE LANDED AT OUR DEST WITHOUT ANOTHER EVENT AND DEBRIEFED ON WHAT HAD TRANSPIRED. I BELIEVE THE CAUSE OF THE INCIDENT WAS A COMBINATION OF 2 FACTORS: FIRST; WAS THAT IN THE COURSE OF THE VFR ON TOP MANEUVERS; WE WERE IN CONSTANT ATC CONTACT FOR TA'S; SO I HAD FORGOT THAT WE HAD CANCELED THE IFR CLRNC. SECOND; AND PRIMARY; WAS THE FAILURE ON MY PART TO RECOGNIZE THAT THE INSTRUCTIONS GIVEN FROM ATC FOR THE APCH DID NOT CONSTITUTE A CLRNC. IT HAD BEEN MY EXPERIENCE THAT WHEN ATC GIVES INSTRUCTIONS THAT IS NOT AN IFR CLRNC; THEY WILL ADVISE YOU TO 'REMAIN VFR.' THE FIRST ATC CTLR DID NOT GIVE THAT ADVISORY; AND AS A RESULT I INTERPED THE INSTRUCTIONS AS AN IFR CLRNC. HAD I REALIZED THE FIRST TIME WE CONTACTED THE CTLR THAT THE INSTRUCTIONS FROM ATC DID NOT CONTAIN THE WORDS 'CLRED TO...;' THE INCIDENT WOULD NEVER HAVE HAPPENED. I WILL IN THE FUTURE PAY VERY CLOSE ATTN TO EXACTLY WHAT ATC IS SAYING AND CLARIFY WHENEVER THERE MIGHT BE SOME CONFUSION.

Data retrieved from NASA's ASRS site as of January 2009 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.