Narrative:

While flying at 9000 ft; requested and assigned altitude; with OAT 32 degrees in VMC; and clouds at my altitude ahead; I requested 11000 ft from approach; which would be above the clouds. Their reply was 'stand by.' I entered the clouds at 9000 ft MSL and got a healthy updraft and noticed rime ice forming on struts; windscreen and wings. Believing that clearance to 11000 feet was imminent; I resisted the requirement to push over to maintain 9000 ft. Approach advised me to remain at 9000 ft. I replied I had ice accumulating and had clear air at 10000 ft; and could either climb as requested or would descend. They replied that I had busted my IFR altitude and to remain at 9000 ft. I declared an emergency. They replied 'climb to 11000 ft;' which I was able to do; clearing cloud tops at about 9700 ft. Probably I should have requested 11000 ft earlier; or made a 180 degree turn upon entering clouds with icing; advising approach. Or advised them upon being updrafted when entering the cloud. Communication could have been more timely. Callback conversation with reporter revealed the following information: reporter stated that ATC called him twice on his altitude as he 'crept' up to 9500 ft; telling him that he busted his altitude. However; as soon as he declared an emergency; ATC cleared him to 11000 ft. There was no traffic conflict and he has heard nothing from the FAA.

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Original NASA ASRS Text

Title: A C182 PLT AT 9000 FT ENCOUNTERED ICING AND CLBED AS HE REQUESTED A HIGHER ALT. THE REQUEST WAS DENIED SO HE DECLARED AN EMER AND RECEIVED CLB CLRNC.

Narrative: WHILE FLYING AT 9000 FT; REQUESTED AND ASSIGNED ALT; WITH OAT 32 DEGS IN VMC; AND CLOUDS AT MY ALT AHEAD; I REQUESTED 11000 FT FROM APCH; WHICH WOULD BE ABOVE THE CLOUDS. THEIR REPLY WAS 'STAND BY.' I ENTERED THE CLOUDS AT 9000 FT MSL AND GOT A HEALTHY UPDRAFT AND NOTICED RIME ICE FORMING ON STRUTS; WINDSCREEN AND WINGS. BELIEVING THAT CLRNC TO 11000 FEET WAS IMMINENT; I RESISTED THE REQUIREMENT TO PUSH OVER TO MAINTAIN 9000 FT. APCH ADVISED ME TO REMAIN AT 9000 FT. I REPLIED I HAD ICE ACCUMULATING AND HAD CLR AIR AT 10000 FT; AND COULD EITHER CLIMB AS REQUESTED OR WOULD DSND. THEY REPLIED THAT I HAD BUSTED MY IFR ALT AND TO REMAIN AT 9000 FT. I DECLARED AN EMER. THEY REPLIED 'CLB TO 11000 FT;' WHICH I WAS ABLE TO DO; CLRING CLOUD TOPS AT ABOUT 9700 FT. PROBABLY I SHOULD HAVE REQUESTED 11000 FT EARLIER; OR MADE A 180 DEG TURN UPON ENTERING CLOUDS WITH ICING; ADVISING APCH. OR ADVISED THEM UPON BEING UPDRAFTED WHEN ENTERING THE CLOUD. COM COULD HAVE BEEN MORE TIMELY. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT ATC CALLED HIM TWICE ON HIS ALT AS HE 'CREPT' UP TO 9500 FT; TELLING HIM THAT HE BUSTED HIS ALT. HOWEVER; AS SOON AS HE DECLARED AN EMER; ATC CLRED HIM TO 11000 FT. THERE WAS NO TFC CONFLICT AND HE HAS HEARD NOTHING FROM THE FAA.

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.