Air taxi aircraft departs without IFR release.

Attributes
ACN	224458
Time
Date	199210
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : 7d2
State Reference	MI
Altitude	agl bound lower : 0 agl bound upper : 700
Environment
Flight Conditions	Marginal
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : dtw
Operator	common carrier : air taxi
Make Model Name	Light Transport
Navigation In Use	Other Other
Flight Phase	climbout : takeoff ground : holding
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 110 flight time total : 3500 flight time type : 1000
ASRS Report	224458
Person 2
Affiliation	company : air taxi
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	non adherence : clearance other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance none taken : detected after the fact
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I was flying as captain and after the takeoff check was completed we held at the runway end waiting for our IFR clearance which the copilot was obtaining on a mobile phone. The clearance was received and copied as 'cleared to the fort wayne airport via radar vectors to annts, dxo R-217, fwa oh, fwa, climb to 3000, expect FL180, departure 126.85, squawk XXXX.' I waited to hear the copilot ask if we were cleared and when he was apparently satisfied we took off. Upon contacting detroit we were told to maintain VFR and issued a traffic warning. We maintained VFR at 700 AGL and were issued an IFR clearance after 2-3 mins. In my opinion the problem resulted from less than clear instructions given and had there been appropriate language used there would have been no confusion concerning our takeoff clearance. Callback conversation with reporter revealed the following information. Reporter states problem was that crew believed they had a release. First officer asked specifically are we released? Controller hung up. They were not told no, so they believed 'yes.' it was a very uncomfortable situation but he felt safer to just circle where it was clear, even so low, than to leave area. They operate at outlying airports frequently and have no problems. He will not let this happen again.

Original NASA ASRS Text

Title: AIR TAXI ACFT DEPARTS WITHOUT IFR RELEASE.

Narrative: I WAS FLYING AS CAPT AND AFTER THE TKOF CHK WAS COMPLETED WE HELD AT THE RWY END WAITING FOR OUR IFR CLRNC WHICH THE COPLT WAS OBTAINING ON A MOBILE PHONE. THE CLRNC WAS RECEIVED AND COPIED AS 'CLRED TO THE FORT WAYNE ARPT VIA RADAR VECTORS TO ANNTS, DXO R-217, FWA OH, FWA, CLB TO 3000, EXPECT FL180, DEP 126.85, SQUAWK XXXX.' I WAITED TO HEAR THE COPLT ASK IF WE WERE CLRED AND WHEN HE WAS APPARENTLY SATISFIED WE TOOK OFF. UPON CONTACTING DETROIT WE WERE TOLD TO MAINTAIN VFR AND ISSUED A TFC WARNING. WE MAINTAINED VFR AT 700 AGL AND WERE ISSUED AN IFR CLRNC AFTER 2-3 MINS. IN MY OPINION THE PROBLEM RESULTED FROM LESS THAN CLR INSTRUCTIONS GIVEN AND HAD THERE BEEN APPROPRIATE LANGUAGE USED THERE WOULD HAVE BEEN NO CONFUSION CONCERNING OUR TKOF CLRNC. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO. RPTR STATES PROBLEM WAS THAT CREW BELIEVED THEY HAD A RELEASE. FO ASKED SPECIFICALLY ARE WE RELEASED? CTLR HUNG UP. THEY WERE NOT TOLD NO, SO THEY BELIEVED 'YES.' IT WAS A VERY UNCOMFORTABLE SITUATION BUT HE FELT SAFER TO JUST CIRCLE WHERE IT WAS CLR, EVEN SO LOW, THAN TO LEAVE AREA. THEY OPERATE AT OUTLYING ARPTS FREQUENTLY AND HAVE NO PROBLEMS. HE WILL NOT LET THIS HAPPEN AGAIN.

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.