Part 135 check ride on IFR flight plan told to remain VFR on map.

Attributes
ACN	200186
Time
Date	199201
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : mke
State Reference	WI
Altitude	msl bound lower : 2000 msl bound upper : 2000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mke
Operator	other
Make Model Name	Small Transport, Low Wing, 2 Recip Eng
Flight Phase	descent : approach landing : missed approach
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	Other
Function	observation : company check pilot
Qualification	pilot : atp pilot : cfi
Experience	flight time last 90 days : 120 flight time total : 11300 flight time type : 450
ASRS Report	200186
Person 2
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 100 flight time total : 5240 flight time type : 150
ASRS Report	200174
Events
Anomaly	non adherence : published procedure other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Inter Facility Coordination Failure
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

While being vectored for an ILS approach (under IFR) to runway 19R at mke, the approach controller advised us to maintain VFR after the missed approach due to congestion. We were then handed off to the local controller who issued the missed approach instructions: 'maintain 3000 ft, expect vectors for the approach to waukesha (ues)'. Although the WX at mke indicated approximately 1500 overcast, we were able to climb under VFR on the assigned heading while maintaining min VFR cloud clearance because the cloud cover was scattered to broken to the southwest of the airport which was our direction of flight during the climb out. However, after being advised that there would be a delay for the approach clearance to waukesha, we requested an IFR clearance to VFR on top, to assure IFR separation. The controller advised us to maintain VFR, and subsequently issued us an IFR clearance to VFR on top. At no time were we in instrument meteorological conditions. My suspicion is that the controller (departure) seemed unsure as to whether he was handling us as VFR or IFR traffic after the missed approach. Although they were busy, I would suggest that the approach controller verify to the local controller, who should in turn verify with the departure controller, whether or not IFR separation is required. No violation or near miss occurred.

Original NASA ASRS Text

Title: PART 135 CHK RIDE ON IFR FLT PLAN TOLD TO REMAIN VFR ON MAP.

Narrative: WHILE BEING VECTORED FOR AN ILS APCH (UNDER IFR) TO RWY 19R AT MKE, THE APCH CTLR ADVISED US TO MAINTAIN VFR AFTER THE MISSED APCH DUE TO CONGESTION. WE WERE THEN HANDED OFF TO THE LCL CTLR WHO ISSUED THE MISSED APCH INSTRUCTIONS: 'MAINTAIN 3000 FT, EXPECT VECTORS FOR THE APCH TO WAUKESHA (UES)'. ALTHOUGH THE WX AT MKE INDICATED APPROX 1500 OVCST, WE WERE ABLE TO CLB UNDER VFR ON THE ASSIGNED HDG WHILE MAINTAINING MIN VFR CLOUD CLRNC BECAUSE THE CLOUD COVER WAS SCATTERED TO BROKEN TO THE SW OF THE ARPT WHICH WAS OUR DIRECTION OF FLT DURING THE CLBOUT. HOWEVER, AFTER BEING ADVISED THAT THERE WOULD BE A DELAY FOR THE APCH CLRNC TO WAUKESHA, WE REQUESTED AN IFR CLRNC TO VFR ON TOP, TO ASSURE IFR SEPARATION. THE CTLR ADVISED US TO MAINTAIN VFR, AND SUBSEQUENTLY ISSUED US AN IFR CLRNC TO VFR ON TOP. AT NO TIME WERE WE IN INST METEOROLOGICAL CONDITIONS. MY SUSPICION IS THAT THE CTLR (DEP) SEEMED UNSURE AS TO WHETHER HE WAS HANDLING US AS VFR OR IFR TFC AFTER THE MISSED APCH. ALTHOUGH THEY WERE BUSY, I WOULD SUGGEST THAT THE APCH CTLR VERIFY TO THE LCL CTLR, WHO SHOULD IN TURN VERIFY WITH THE DEP CTLR, WHETHER OR NOT IFR SEPARATION IS REQUIRED. NO VIOLATION OR NEAR MISS OCCURRED.

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.