Small aircraft X change from VFR to IFR. Controller thought aircraft VFR.

Attributes
ACN	240801
Time
Date	199305
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : rno
State Reference	NV
Altitude	msl bound lower : 10000 msl bound upper : 10000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : rno tracon : csg
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other cruise other descent : approach
Route In Use	enroute : on vectors
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : private
Experience	flight time last 90 days : 25 flight time total : 1050 flight time type : 700
ASRS Report	240801
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	inflight encounter : vfr in imc non adherence : published procedure other anomaly other
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

Reno, nv, was reporting a ceiling of 3500 ft. There had been an increase in airline traffic there recently and approach was very busy. I contacted reno approach and advised them that I was VFR over spooner pass. I requested the approach in use at that time, the runway 34L localizer back course. Approach gave me a transponder code, a vector and an altitude. After several vectors and altitude changes, I was given an altitude change and heading that didn't seem correct. The heading was taking me away from the localizer, and the lower altitude was going to put me in the clouds in a mountainous area. I asked approach if they were giving me terrain clearance since I was in the clouds. I wasn't in the clouds yet, but I would have entered the clouds in a few seconds and it seemed to me that I had better get approach's attention in a hurry. Approach, for the first time, stated 'maintain VFR.' at this time I exercised my authority as PIC and told approach that I would stay above the clouds, head south and come back in under the ceilings, which I did. The tower was called after I landed (their request). I was advised that approach thought I was VFR and they were stunned when I said I was in the clouds. I told them that they had better pull their tape and listen to it, and they really would be stunned when they got to the part about my requesting the runway 34L localizer back course. What a trap. I requested the approach, they responded with an altitude, course and squawk. They then gave me an altitude and heading that puts me into clouds in a mountainous area without proper terrain clearance if I comply. This all could have been avoided if at any time approach said, 'maintain VFR.' the tower supervisor said that they were extremely busy and must have missed my request for the approach.

Original NASA ASRS Text

Title: SMA X CHANGE FROM VFR TO IFR. CTLR THOUGHT ACFT VFR.

Narrative: RENO, NV, WAS RPTING A CEILING OF 3500 FT. THERE HAD BEEN AN INCREASE IN AIRLINE TFC THERE RECENTLY AND APCH WAS VERY BUSY. I CONTACTED RENO APCH AND ADVISED THEM THAT I WAS VFR OVER SPOONER PASS. I REQUESTED THE APCH IN USE AT THAT TIME, THE RWY 34L LOC BACK COURSE. APCH GAVE ME A XPONDER CODE, A VECTOR AND AN ALT. AFTER SEVERAL VECTORS AND ALT CHANGES, I WAS GIVEN AN ALT CHANGE AND HDG THAT DIDN'T SEEM CORRECT. THE HDG WAS TAKING ME AWAY FROM THE LOC, AND THE LOWER ALT WAS GOING TO PUT ME IN THE CLOUDS IN A MOUNTAINOUS AREA. I ASKED APCH IF THEY WERE GIVING ME TERRAIN CLRNC SINCE I WAS IN THE CLOUDS. I WASN'T IN THE CLOUDS YET, BUT I WOULD HAVE ENTERED THE CLOUDS IN A FEW SECONDS AND IT SEEMED TO ME THAT I HAD BETTER GET APCH'S ATTN IN A HURRY. APCH, FOR THE FIRST TIME, STATED 'MAINTAIN VFR.' AT THIS TIME I EXERCISED MY AUTHORITY AS PIC AND TOLD APCH THAT I WOULD STAY ABOVE THE CLOUDS, HEAD S AND COME BACK IN UNDER THE CEILINGS, WHICH I DID. THE TWR WAS CALLED AFTER I LANDED (THEIR REQUEST). I WAS ADVISED THAT APCH THOUGHT I WAS VFR AND THEY WERE STUNNED WHEN I SAID I WAS IN THE CLOUDS. I TOLD THEM THAT THEY HAD BETTER PULL THEIR TAPE AND LISTEN TO IT, AND THEY REALLY WOULD BE STUNNED WHEN THEY GOT TO THE PART ABOUT MY REQUESTING THE RWY 34L LOC BACK COURSE. WHAT A TRAP. I REQUESTED THE APCH, THEY RESPONDED WITH AN ALT, COURSE AND SQUAWK. THEY THEN GAVE ME AN ALT AND HDG THAT PUTS ME INTO CLOUDS IN A MOUNTAINOUS AREA WITHOUT PROPER TERRAIN CLRNC IF I COMPLY. THIS ALL COULD HAVE BEEN AVOIDED IF AT ANY TIME APCH SAID, 'MAINTAIN VFR.' THE TWR SUPVR SAID THAT THEY WERE EXTREMELY BUSY AND MUST HAVE MISSED MY REQUEST FOR THE APCH.

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.