General aviation pilot on IFR flight plan described confused VFR on top scenario when he/she tried t...

Narrative:

Upon departure from my home base on an IFR flight to asw; after reaching altitude of 9000; at which time I was able to contact ZAB; I activated my flight plan. However; I thought I had indicated that my desire was to get over the high terrain first under VFR flight rules; ATC responded with a question of flying VFR on top. This had led to my mistake; as a new IFR pilot; of not connecting the dots of the nuance of VFR on top or flying under VFR rules. The controller very kindly requested to speak to me about what I had done to which I had agreed to in my quest of knowing the right thing about all aspects of flying. The controller had explained; what I had already realized; that is while flying VFR on top and having filed IFR direct to destination; I had no discretion to wander over the mountains in search of the shortest and quickest way to the lower terrain on the other side; but to go over the taos VOR (TAS) and gain altitude in a hold first before embarking on my direct routing to destination. Or I should have activated my IFR once in the lower terrain and on the other side of the mountains; while getting there under VFR flight rules. In retrospect; the controller was clear; it was solely my misunderstanding or misinterpretation of what I was instructed to do.

Original NASA ASRS Text

Title: General aviation pilot on IFR flight plan described confused VFR on TOP scenario when he/she tried to shorten the flight applying VFR rules; but ATC noted the IFR status and handled the flight accordingly.

Narrative: Upon departure from my home base on an IFR flight to ASW; after reaching altitude of 9000; at which time I was able to contact ZAB; I activated my flight plan. However; I thought I had indicated that my desire was to get over the high terrain first under VFR flight rules; ATC responded with a question of flying VFR on top. This had led to my mistake; as a new IFR pilot; of not connecting the dots of the nuance of VFR on top or flying under VFR rules. The controller very kindly requested to speak to me about what I had done to which I had agreed to in my quest of knowing the right thing about all aspects of flying. The controller had explained; what I had already realized; that is while flying VFR on top and having filed IFR direct to destination; I had no discretion to wander over the mountains in search of the shortest and quickest way to the lower terrain on the other side; but to go over the Taos VOR (TAS) and gain altitude in a hold first before embarking on my direct routing to destination. Or I should have activated my IFR once in the lower terrain and on the other side of the mountains; while getting there under VFR flight rules. In retrospect; the controller was clear; it was solely my misunderstanding or misinterpretation of what I was instructed to do.

Data retrieved from NASA's ASRS site as of April 2012 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.

Attributes
ACN	861746
Time
Date	200911
Local Time Of Day	1201-1800
Place
Locale Reference	ZAB.ARTCC
State Reference	NM
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Make Model Name	Small Aircraft Low Wing 1 Eng Retractable Gear
Operating Under FAR Part	Part 91
Flight Phase	Initial Climb
Route In Use	Direct
Flight Plan	IFR
Person 1
Function	Single Pilot Pilot Flying
Qualification	Flight Crew Instrument Flight Crew Private
Experience	Flight Crew Last 90 Days 45 Flight Crew Total 960 Flight Crew Type 160
Events
Anomaly	ATC Issue All Types Deviation - Procedural Clearance Deviation - Procedural FAR Deviation - Procedural Published Material / Policy

General aviation pilot on IFR flight plan described confused VFR on top scenario when he/she tried to shorten the flight applying VFR rules; but ATC noted the IFR status and handled the flight accordingly.