Narrative:

Was dispatched from dtw to den with the captain's gyro horizon (ADI) legally deferred inoperative, with a daylight VMC only operation restriction. WX for the entire route was reported and forecast to be clear from well before to well after the period of operations. Upon descent into den following the den profile route we were cleared to cross keane intersection at 17000'. It soon became obvious that descent below 17000' would be required to maintain VMC. Den center was aware of our restrictions to flight and cleared us to 11000' and over to den approach control stating that approach control was also aware of our problems. The WX was deteriorating rapidly below reported and forecast WX. Den ATIS was reporting no ceiling or visibility (better than 5000' and 5 mi). Further descent was now going to be required to maintain VMC and was requested from den approach. They denied the request stating we could not descend below 11000' until 20 mi from the den VOR due to departure traffic. We were now into a blind canyon with clear skies above and below. The controller sounded irritated that we should be asking for a lower altitude this far from den (approximately 35 mi northeast). We asked if he was aware of our restrictions and it was our understanding that he stated he was. Solid clouds were now 3-5 mi ahead of us and our options seemed to have narrowed to cancelling IFR and losing ATC assistance, fly illegally through the clouds in IMC, or declaring an emergency and descend in VMC to clear all clouds and still maintain ATC assistance. I chose the latter. Approach then asked what the nature of our emergency was which dumbfounded me as were assured they were completely informed as to our situation. Our emergency was declared for ths sole purpose of staying clear of all clouds when den approach seemed unable or unwilling to provide the assistance we needed due to a meteorological bust. Callback conversation with reporter revealed the following: reporter did not have time to discuss the incident with the approach controller. Did declare an emergency to continue descent but did not squawk 7700. Approach controller continued to provide assistance. Discussed the incident company FAA and filed an irregularity report with company. Will not accept the aircraft under similar circumstances in the future, even if it is covered by the MEL.

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Original NASA ASRS Text

Title: ACFT RESTRICTED TO VFR DAY AND ENCOUNTERED CLOUDS ON DESCENT RESULTING IN DECLARING EMERGENCY TO GET A LOWER ALT.

Narrative: WAS DISPATCHED FROM DTW TO DEN WITH THE CAPT'S GYRO HORIZON (ADI) LEGALLY DEFERRED INOP, WITH A DAYLIGHT VMC ONLY OPERATION RESTRICTION. WX FOR THE ENTIRE ROUTE WAS RPTED AND FORECAST TO BE CLR FROM WELL BEFORE TO WELL AFTER THE PERIOD OF OPS. UPON DSCNT INTO DEN FOLLOWING THE DEN PROFILE ROUTE WE WERE CLRED TO CROSS KEANE INTXN AT 17000'. IT SOON BECAME OBVIOUS THAT DSCNT BELOW 17000' WOULD BE REQUIRED TO MAINTAIN VMC. DEN CENTER WAS AWARE OF OUR RESTRICTIONS TO FLT AND CLRED US TO 11000' AND OVER TO DEN APCH CTL STATING THAT APCH CTL WAS ALSO AWARE OF OUR PROBS. THE WX WAS DETERIORATING RAPIDLY BELOW RPTED AND FORECAST WX. DEN ATIS WAS RPTING NO CEILING OR VISIBILITY (BETTER THAN 5000' AND 5 MI). FURTHER DSCNT WAS NOW GOING TO BE REQUIRED TO MAINTAIN VMC AND WAS REQUESTED FROM DEN APCH. THEY DENIED THE REQUEST STATING WE COULD NOT DSND BELOW 11000' UNTIL 20 MI FROM THE DEN VOR DUE TO DEP TFC. WE WERE NOW INTO A BLIND CANYON WITH CLEAR SKIES ABOVE AND BELOW. THE CTLR SOUNDED IRRITATED THAT WE SHOULD BE ASKING FOR A LOWER ALT THIS FAR FROM DEN (APPROX 35 MI NE). WE ASKED IF HE WAS AWARE OF OUR RESTRICTIONS AND IT WAS OUR UNDERSTANDING THAT HE STATED HE WAS. SOLID CLOUDS WERE NOW 3-5 MI AHEAD OF US AND OUR OPTIONS SEEMED TO HAVE NARROWED TO CANCELLING IFR AND LOSING ATC ASSISTANCE, FLY ILLEGALLY THROUGH THE CLOUDS IN IMC, OR DECLARING AN EMER AND DSND IN VMC TO CLR ALL CLOUDS AND STILL MAINTAIN ATC ASSISTANCE. I CHOSE THE LATTER. APCH THEN ASKED WHAT THE NATURE OF OUR EMER WAS WHICH DUMBFOUNDED ME AS WERE ASSURED THEY WERE COMPLETELY INFORMED AS TO OUR SITUATION. OUR EMER WAS DECLARED FOR THS SOLE PURPOSE OF STAYING CLR OF ALL CLOUDS WHEN DEN APCH SEEMED UNABLE OR UNWILLING TO PROVIDE THE ASSISTANCE WE NEEDED DUE TO A METEOROLOGICAL BUST. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: RPTR DID NOT HAVE TIME TO DISCUSS THE INCIDENT WITH THE APCH CTLR. DID DECLARE AN EMER TO CONTINUE DSCNT BUT DID NOT SQUAWK 7700. APCH CTLR CONTINUED TO PROVIDE ASSISTANCE. DISCUSSED THE INCIDENT COMPANY FAA AND FILED AN IRREGULARITY RPT WITH COMPANY. WILL NOT ACCEPT THE ACFT UNDER SIMILAR CIRCUMSTANCES IN THE FUTURE, EVEN IF IT IS COVERED BY THE MEL.

Data retrieved from NASA's ASRS site as of August 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.