Narrative:

I received an IFR clearance by phone, with a void time of XA50Z. As I did my runup, there was an small aircraft running at the hold line. Another plane landed and cleared the runway, but the small aircraft did not immediately depart. I called the small aircraft by radio and asked if I could go around him because my void time was approaching. No response. The small aircraft then departed. When the small aircraft was about 1/2-way down the 5000' runway, at approximately 250' AGL, I announced my departure on CTAF, also stating that I had the small aircraft in sight and would divert to pass on his right. I then proceeded onto the runway and took off. Due to left-quartering headwinds, the small aircraft had drifted right of the centerline (maybe 50' or so). I diverted slightly right and passed the small aircraft at or beyond the far end of the runway, about 200' lower than the small aircraft, and slightly right. I could see the small aircraft until I passed it, at which point I turned my attention to the INS and flying the plane. My airspeed was 125 mph, his was about 60 mph. I believe my conduct was safe and acceptable practice, considering the radio call on takeoff, his steep and my shallow climb, and my considerable airspeed advantage. I believe I was in compliance with far 91.67, however the small aircraft pilot did not. He wrote a formal complaint to the airport manager, insisting on an investigation. One thing I have learned is that I will never again accept a phone clearance which jams me for time. Also, it would have been courteous of the small aircraft pilot ot allow me to pass him on the taxiway. He is a CFI. He knows what an off-time is, and what it means to miss it, taxi back, shut down and refile by phone. 1 human factor in this incident was my desire to not delay my flight and inconvenience my passenger. In this particular case, asking for a later void time would have averted the incident. Or, dfw approach could set up an rco or an in-air clearance delivery. It is not now possible to pick up in IFR clearance in the air from many of the local airports around the dfw TCA.

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Original NASA ASRS Text

Title: SMA PLT WITH VOID TIME APCHING DEPARTS CLOSE BEHIND ANOTHER, SLOWER, SMA. OVERTAKES AND PASSES ACFT. COMPLAINT FILED.

Narrative: I RECEIVED AN IFR CLRNC BY PHONE, WITH A VOID TIME OF XA50Z. AS I DID MY RUNUP, THERE WAS AN SMA RUNNING AT THE HOLD LINE. ANOTHER PLANE LANDED AND CLRED THE RWY, BUT THE SMA DID NOT IMMEDIATELY DEPART. I CALLED THE SMA BY RADIO AND ASKED IF I COULD GO AROUND HIM BECAUSE MY VOID TIME WAS APCHING. NO RESPONSE. THE SMA THEN DEPARTED. WHEN THE SMA WAS ABOUT 1/2-WAY DOWN THE 5000' RWY, AT APPROX 250' AGL, I ANNOUNCED MY DEP ON CTAF, ALSO STATING THAT I HAD THE SMA IN SIGHT AND WOULD DIVERT TO PASS ON HIS RIGHT. I THEN PROCEEDED ONTO THE RWY AND TOOK OFF. DUE TO LEFT-QUARTERING HEADWINDS, THE SMA HAD DRIFTED RIGHT OF THE CENTERLINE (MAYBE 50' OR SO). I DIVERTED SLIGHTLY RIGHT AND PASSED THE SMA AT OR BEYOND THE FAR END OF THE RWY, ABOUT 200' LOWER THAN THE SMA, AND SLIGHTLY RIGHT. I COULD SEE THE SMA UNTIL I PASSED IT, AT WHICH POINT I TURNED MY ATTN TO THE INS AND FLYING THE PLANE. MY AIRSPD WAS 125 MPH, HIS WAS ABOUT 60 MPH. I BELIEVE MY CONDUCT WAS SAFE AND ACCEPTABLE PRACTICE, CONSIDERING THE RADIO CALL ON TKOF, HIS STEEP AND MY SHALLOW CLB, AND MY CONSIDERABLE AIRSPD ADVANTAGE. I BELIEVE I WAS IN COMPLIANCE WITH FAR 91.67, HOWEVER THE SMA PLT DID NOT. HE WROTE A FORMAL COMPLAINT TO THE ARPT MGR, INSISTING ON AN INVESTIGATION. ONE THING I HAVE LEARNED IS THAT I WILL NEVER AGAIN ACCEPT A PHONE CLRNC WHICH JAMS ME FOR TIME. ALSO, IT WOULD HAVE BEEN COURTEOUS OF THE SMA PLT OT ALLOW ME TO PASS HIM ON THE TXWY. HE IS A CFI. HE KNOWS WHAT AN OFF-TIME IS, AND WHAT IT MEANS TO MISS IT, TAXI BACK, SHUT DOWN AND REFILE BY PHONE. 1 HUMAN FACTOR IN THIS INCIDENT WAS MY DESIRE TO NOT DELAY MY FLT AND INCONVENIENCE MY PAX. IN THIS PARTICULAR CASE, ASKING FOR A LATER VOID TIME WOULD HAVE AVERTED THE INCIDENT. OR, DFW APCH COULD SET UP AN RCO OR AN IN-AIR CLRNC DELIVERY. IT IS NOT NOW POSSIBLE TO PICK UP IN IFR CLRNC IN THE AIR FROM MANY OF THE LCL ARPTS AROUND THE DFW TCA.

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