Narrative:

Departed gwinnett county on VFR day with 4000 broken/10000 ceiling. Requested and granted permission from atlanta approach to go through TCA over hartsfield (my destination was florida). Cleared to climb to 5500 the controller was very busy. Controller advised I had traffic at my 6 O'clock position, climbing to 6000. I was at 5500, approaching some clouds at the same altitude. I couldn't get through to the controller to get a clearance to climb to remain clear of clouds because he was busy. I made the judgement call to climb to remain clear of clouds and went up to 5900. I am not an IFR pilot. My other choice was to go into the clouds. I observed the traffic at my 8 O'clock position and 6000. We both reported visual contact to the controller. The other plane was at least a half mi away and 100 ft higher than I. After we acknowledged each other, the pilot of the other aircraft told the controller that I was not at 5500, but at 6000. I explained to the controller that I was at 5900 and told him why. He wanted to know why I didn't get clearance from him and I told him that it was because the frequency was so busy I couldn't get through and didn't have time to wait. I also explained that I am not IFR rated and had to make a decision fast. The controller called the incident a 'near miss' but I feel that both pilots had each other in sight and we were well apart from each other. If I could have gotten through to the controller on the frequency, I would have gotten a clearance, but he was too busy.

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Original NASA ASRS Text

Title: VFR SMA CLRED THROUGH TCA AT 5500 FT CLBED WITHOUT ENCOUNTERING A CLOUD AND CAUSED LTSS.

Narrative: DEPARTED GWINNETT COUNTY ON VFR DAY WITH 4000 BROKEN/10000 CEILING. REQUESTED AND GRANTED PERMISSION FROM ATLANTA APCH TO GO THROUGH TCA OVER HARTSFIELD (MY DEST WAS FLORIDA). CLRED TO CLB TO 5500 THE CTLR WAS VERY BUSY. CTLR ADVISED I HAD TFC AT MY 6 O'CLOCK POS, CLBING TO 6000. I WAS AT 5500, APCHING SOME CLOUDS AT THE SAME ALT. I COULDN'T GET THROUGH TO THE CTLR TO GET A CLRNC TO CLB TO REMAIN CLR OF CLOUDS BECAUSE HE WAS BUSY. I MADE THE JUDGEMENT CALL TO CLB TO REMAIN CLR OF CLOUDS AND WENT UP TO 5900. I AM NOT AN IFR PLT. MY OTHER CHOICE WAS TO GO INTO THE CLOUDS. I OBSERVED THE TFC AT MY 8 O'CLOCK POS AND 6000. WE BOTH RPTED VISUAL CONTACT TO THE CTLR. THE OTHER PLANE WAS AT LEAST A HALF MI AWAY AND 100 FT HIGHER THAN I. AFTER WE ACKNOWLEDGED EACH OTHER, THE PLT OF THE OTHER ACFT TOLD THE CTLR THAT I WAS NOT AT 5500, BUT AT 6000. I EXPLAINED TO THE CTLR THAT I WAS AT 5900 AND TOLD HIM WHY. HE WANTED TO KNOW WHY I DIDN'T GET CLRNC FROM HIM AND I TOLD HIM THAT IT WAS BECAUSE THE FREQ WAS SO BUSY I COULDN'T GET THROUGH AND DIDN'T HAVE TIME TO WAIT. I ALSO EXPLAINED THAT I AM NOT IFR RATED AND HAD TO MAKE A DECISION FAST. THE CTLR CALLED THE INCIDENT A 'NEAR MISS' BUT I FEEL THAT BOTH PLTS HAD EACH OTHER IN SIGHT AND WE WERE WELL APART FROM EACH OTHER. IF I COULD HAVE GOTTEN THROUGH TO THE CTLR ON THE FREQ, I WOULD HAVE GOTTEN A CLRNC, BUT HE WAS TOO BUSY.

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.