Commuter given edc cancels IFR, departs VFR to pick up IFR in-flight.

Attributes
ACN	224081
Time
Date	199210
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : mob
State Reference	AL
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Small Transport
Navigation In Use	Other Other
Flight Phase	climbout : takeoff ground : holding
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument pilot : cfi
Experience	flight time last 90 days : 230 flight time total : 2700 flight time type : 1100
ASRS Report	224081
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	non adherence : published procedure non adherence : far
Independent Detector	other controllera other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Issued an edc of XX55Z, gate scheduled departure was XY24 CDT, but inbound flight delayed, making actual departure XY32. Captain wanted to taxi out and wait. He then decided to depart VFR. I questioned if this was legal with control tower operating. He insisted it was and instructed me to notify ground of intent to depart VFR. Due to heavy traffic, we departed only 5 mins (approximately) before our edc. Ground had cancelled our clearance, so I refiled in-flight with mobile radio. Houston center then did not accept us as IFR until nearly 50 mi out from mob, which is the company limit to be VFR from departure airport. We discussed the legality of this action, but all the captain's examples stemmed from non-controled fields. ZHU seemed irritated at us, and questioned the rationale of our action. After landing, I looked up said case in our standard practice and the only exception appears to the IFR departure is from an uncontrolled field, and only in VFR conditions, and if an IFR clearance is obtained within 50 NM from departure airport. Regardless of legality, the decision to cancel IFR, depart VFR was not prudent, especially considering the fact that it only saved approximately 5 mins, if that. While not actually in command, I will voice my feelings. Clrer wording, which can't be interpreted either way, would also help.

Original NASA ASRS Text

Title: COMMUTER GIVEN EDC CANCELS IFR, DEPARTS VFR TO PICK UP IFR INFLT.

Narrative: ISSUED AN EDC OF XX55Z, GATE SCHEDULED DEP WAS XY24 CDT, BUT INBOUND FLT DELAYED, MAKING ACTUAL DEP XY32. CAPT WANTED TO TAXI OUT AND WAIT. HE THEN DECIDED TO DEPART VFR. I QUESTIONED IF THIS WAS LEGAL WITH CTL TWR OPERATING. HE INSISTED IT WAS AND INSTRUCTED ME TO NOTIFY GND OF INTENT TO DEPART VFR. DUE TO HVY TFC, WE DEPARTED ONLY 5 MINS (APPROX) BEFORE OUR EDC. GND HAD CANCELLED OUR CLRNC, SO I REFILED INFLT WITH MOBILE RADIO. HOUSTON CTR THEN DID NOT ACCEPT US AS IFR UNTIL NEARLY 50 MI OUT FROM MOB, WHICH IS THE COMPANY LIMIT TO BE VFR FROM DEP ARPT. WE DISCUSSED THE LEGALITY OF THIS ACTION, BUT ALL THE CAPT'S EXAMPLES STEMMED FROM NON-CTLED FIELDS. ZHU SEEMED IRRITATED AT US, AND QUESTIONED THE RATIONALE OF OUR ACTION. AFTER LNDG, I LOOKED UP SAID CASE IN OUR STANDARD PRACTICE AND THE ONLY EXCEPTION APPEARS TO THE IFR DEP IS FROM AN UNCTLED FIELD, AND ONLY IN VFR CONDITIONS, AND IF AN IFR CLRNC IS OBTAINED WITHIN 50 NM FROM DEP ARPT. REGARDLESS OF LEGALITY, THE DECISION TO CANCEL IFR, DEPART VFR WAS NOT PRUDENT, ESPECIALLY CONSIDERING THE FACT THAT IT ONLY SAVED APPROX 5 MINS, IF THAT. WHILE NOT ACTUALLY IN COMMAND, I WILL VOICE MY FEELINGS. CLRER WORDING, WHICH CAN'T BE INTERPRETED EITHER WAY, WOULD ALSO HELP.

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.