Small aircraft departs with ceiling 56 ft less than legal VFR.

Attributes
ACN	227475
Time
Date	199211
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : cyx airport : cys
State Reference	WY
Altitude	msl bound lower : 6156 msl bound upper : 7500
Environment
Flight Conditions	Marginal
Light	Daylight
Aircraft 1
Controlling Facilities	tower : cys
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	climbout : takeoff
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : private
Experience	flight time last 90 days : 32 flight time total : 1374 flight time type : 924
ASRS Report	227475
Person 2
Affiliation	government : faa
Function	controller : local
Qualification	controller : non radar
Events
Anomaly	inflight encounter : vfr in imc non adherence : far
Independent Detector	other flight crewa other other : unspecified
Resolutory Action	none taken : detected after the fact
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Cys ATIS reported VFR conditions. I had filed a VFR flight plan from cys to 48V, erie, co. A cold front was moving in from the northwest and the WX was deteriorating with light snow showers. Taxied to runway 30 and did runup. Tower called and asked if I had received report that the ceiling had been reported at 7100 ft (PIREP). I had not, but was then notified an air carrier was waiting for my departure. I reported to tower I was ready for south departure. Tower cleared me to takeoff with left turn out. I climbed to 7500 ft and was still VFR, that is, more than 500 ft below the bases of the clouds. I reported this fact to cys tower. I assumed that I was legal to depart with 44 ft less than 1000 ft (reported by PIREP) since the tower provided the clearance. However, review of FARS does not make clear if tower has this authority.

Original NASA ASRS Text

Title: SMA DEPARTS WITH CEILING 56 FT LESS THAN LEGAL VFR.

Narrative: CYS ATIS RPTED VFR CONDITIONS. I HAD FILED A VFR FLT PLAN FROM CYS TO 48V, ERIE, CO. A COLD FRONT WAS MOVING IN FROM THE NW AND THE WX WAS DETERIORATING WITH LIGHT SNOW SHOWERS. TAXIED TO RWY 30 AND DID RUNUP. TWR CALLED AND ASKED IF I HAD RECEIVED RPT THAT THE CEILING HAD BEEN RPTED AT 7100 FT (PIREP). I HAD NOT, BUT WAS THEN NOTIFIED AN ACR WAS WAITING FOR MY DEP. I RPTED TO TWR I WAS READY FOR S DEP. TWR CLRED ME TO TKOF WITH L TURN OUT. I CLBED TO 7500 FT AND WAS STILL VFR, THAT IS, MORE THAN 500 FT BELOW THE BASES OF THE CLOUDS. I RPTED THIS FACT TO CYS TWR. I ASSUMED THAT I WAS LEGAL TO DEPART WITH 44 FT LESS THAN 1000 FT (RPTED BY PIREP) SINCE THE TWR PROVIDED THE CLRNC. HOWEVER, REVIEW OF FARS DOES NOT MAKE CLR IF TWR HAS THIS AUTHORITY.

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.