Air carrier on ferry flight told clearance delivery does not have flight plan and to contact FSS. Unable to contact FSS. Clearance delivery refuses assistance. Depart VFR pick up clearance airborne.

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Attributes
ACN	201317
Time
Date	199202
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : tpa
State Reference	FL
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : tpa
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : takeoff
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 75 flight time total : 3000 flight time type : 300
ASRS Report	201317
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : atp pilot : commercial pilot : flight engineer
Experience	flight time last 90 days : 150 flight time total : 16000 flight time type : 4000
ASRS Report	200783
Events
Anomaly	non adherence : far non adherence : published procedure
Independent Detector	other flight crewa
Resolutory Action	none taken : unable
Consequence	Other
Supplementary
Primary Problem	Ambiguous
Air Traffic Incident	Pilot Deviation
Situations
ATC Facility	procedure or policy : unspecified

Narrative:

Contacted clearance delivery and was advised they had no flight plans for us. Clearance told us to contact FSS. Unable to reach them we requested clearance file new plan for us. Clearance refused to assist so we obtained VFR TCA departure clearance. Operations specifications are gray but it appears this was not authorized because there was an operating ATC facility on the field. Callback conversation with reporter revealed the following information: reporter states this is first time ever encountered such a situation. Problem was the stairs had been removed, personnel had gone. No way to get out and use the phone for FSS. Clearance delivery not very busy. This was a ferry flight with no passenger on board. But this is a part 121 operation. Regulations state if unable to obtain clearance, departure VFR and pick up clearance within 50 NM. Which they did. Reporter discussed situation with poi (principle operations inspector) from FAA who said 'yes, it was legal'. Reporter still questions if they were.

Original NASA ASRS Text

Title: ACR ON FERRY FLT TOLD CD DOES NOT HAVE FLT PLAN AND TO CONTACT FSS. UNABLE TO CONTACT FSS. CD REFUSES ASSISTANCE. DEPART VFR PICK UP CLRNC AIRBORNE.

Narrative: CONTACTED CLRNC DELIVERY AND WAS ADVISED THEY HAD NO FLT PLANS FOR US. CLRNC TOLD US TO CONTACT FSS. UNABLE TO REACH THEM WE REQUESTED CLRNC FILE NEW PLAN FOR US. CLRNC REFUSED TO ASSIST SO WE OBTAINED VFR TCA DEP CLRNC. OPS SPECS ARE GRAY BUT IT APPEARS THIS WAS NOT AUTHORIZED BECAUSE THERE WAS AN OPERATING ATC FACILITY ON THE FIELD. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES THIS IS FIRST TIME EVER ENCOUNTERED SUCH A SITUATION. PROBLEM WAS THE STAIRS HAD BEEN REMOVED, PERSONNEL HAD GONE. NO WAY TO GET OUT AND USE THE PHONE FOR FSS. CD NOT VERY BUSY. THIS WAS A FERRY FLT WITH NO PAX ON BOARD. BUT THIS IS A PART 121 OP. REGS STATE IF UNABLE TO OBTAIN CLRNC, DEP VFR AND PICK UP CLRNC WITHIN 50 NM. WHICH THEY DID. RPTR DISCUSSED SITUATION WITH POI (PRINCIPLE OPS INSPECTOR) FROM FAA WHO SAID 'YES, IT WAS LEGAL'. RPTR STILL QUESTIONS IF THEY WERE.

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.