Narrative:

With the ceiling and visibility gradually decreasing, and with darkness starting to set in, I opted for higher altitude. I was under a solid overcast. I already knew that the overcast was fairly thin, since I had gotten a good view of it departing eugene. I was in contact with ZSE. They ha not given me any traffic advisories, so I hoped that there was no one nearby. I punched up through the overcast west/O a clearance. Still mostly legal, I maintain. The regulations state that to fly IFR in uncontrolled airspace, one needs an IFR airplane and a current, rated pilot, period. No clearance is required. All I needed to do was to be on top by the time I hit 1200' AGL. I didn't quite make it. I broke out around 1800' MSL. I was illegal for about 5 seconds. Not really. VFR minimums in controled airspace require 1000' above clouds, so I was illegal until I reached 280 MSL, even though my visibility upon breaking out at 1800' was unrestricted. I then asked for a special VFR clearance through salem's control zone, since salem was still IFR. Special VFR applies only to flying beneath a ceiling in a control zone, not on top. As soon as I realized that, I cancelled my request and maintained clear of salem's air traffic area. How to prevent a recurrence? Start out and stay on top. I don't really like flying west/O any course guidance, and my 2 on-board hand-held navcoms were not good VOR receivers, so I opted for positive course guidance via the highway. Perhaps the right way to have remained legal would have been to request an IFR clearance to 'on top,' only to cancel IFR 30 seconds later when on top. Not a great way to score points with a controller.

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Original NASA ASRS Text

Title: GA SMA INTENTIONAL VFR IN IMC.

Narrative: WITH THE CEILING AND VISIBILITY GRADUALLY DECREASING, AND WITH DARKNESS STARTING TO SET IN, I OPTED FOR HIGHER ALT. I WAS UNDER A SOLID OVCST. I ALREADY KNEW THAT THE OVCST WAS FAIRLY THIN, SINCE I HAD GOTTEN A GOOD VIEW OF IT DEPARTING EUGENE. I WAS IN CONTACT WITH ZSE. THEY HA NOT GIVEN ME ANY TFC ADVISORIES, SO I HOPED THAT THERE WAS NO ONE NEARBY. I PUNCHED UP THROUGH THE OVCST W/O A CLRNC. STILL MOSTLY LEGAL, I MAINTAIN. THE REGS STATE THAT TO FLY IFR IN UNCTLED AIRSPACE, ONE NEEDS AN IFR AIRPLANE AND A CURRENT, RATED PLT, PERIOD. NO CLRNC IS REQUIRED. ALL I NEEDED TO DO WAS TO BE ON TOP BY THE TIME I HIT 1200' AGL. I DIDN'T QUITE MAKE IT. I BROKE OUT AROUND 1800' MSL. I WAS ILLEGAL FOR ABOUT 5 SECS. NOT REALLY. VFR MINIMUMS IN CTLED AIRSPACE REQUIRE 1000' ABOVE CLOUDS, SO I WAS ILLEGAL UNTIL I REACHED 280 MSL, EVEN THOUGH MY VISIBILITY UPON BREAKING OUT AT 1800' WAS UNRESTRICTED. I THEN ASKED FOR A SPECIAL VFR CLRNC THROUGH SALEM'S CTL ZONE, SINCE SALEM WAS STILL IFR. SPECIAL VFR APPLIES ONLY TO FLYING BENEATH A CEILING IN A CTL ZONE, NOT ON TOP. AS SOON AS I REALIZED THAT, I CANCELLED MY REQUEST AND MAINTAINED CLR OF SALEM'S ATA. HOW TO PREVENT A RECURRENCE? START OUT AND STAY ON TOP. I DON'T REALLY LIKE FLYING W/O ANY COURSE GUIDANCE, AND MY 2 ON-BOARD HAND-HELD NAVCOMS WERE NOT GOOD VOR RECEIVERS, SO I OPTED FOR POSITIVE COURSE GUIDANCE VIA THE HWY. PERHAPS THE RIGHT WAY TO HAVE REMAINED LEGAL WOULD HAVE BEEN TO REQUEST AN IFR CLRNC TO 'ON TOP,' ONLY TO CANCEL IFR 30 SECS LATER WHEN ON TOP. NOT A GREAT WAY TO SCORE POINTS WITH A CTLR.

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.