Narrative:

Air carrier X descending from 10000 ft to 6000 ft on V-198 going to tlh from jax. I requested VFR conditions on top clearance from tlh approach. We were approximately 30 NM east of tlh at the time and we wanted to delay descending into a layer of turbulent clouds at 6000 ft. After our request for 'VFR on top' the approach controller asked if we were cancelling IFR, and he seemed a little confused about whatever we wanted. I explained that I did not want to cancel IFR, but was requesting 'VFR on top.' the controller at this point seemed annoyed, but said, 'maintain VFR on top at 6500.' moments later, we would have been in clouds at 6500 ft and would not be able to maintain 'VFR conditions on top' at the hard altitude the controller had assigned. Due to congestion of the frequency, I was unable to tell the controller that in order to maintain VFR we had to climb back up to 7200 ft and were in the process of descending back to 6500 ft when he requested our altitude. He also said he had traffic at 7000 ft but said nothing about the other traffic's position. We were in very clear visibility and we saw nothing or any other aircraft. We explained what we had done was to stay VFR. He then abruptly said, 'cancel your VFR on top, descend and maintain 3000.' we proceeded to the airport without further discussion and landed. I am a former air traffic controller, and in the past yr, have requested 'VFR conditions on top' while on an IFR clearance perhaps 4 times. 3 of those times, the controller was completely perplexed about what we wanted. We had to explain what we wanted.

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Original NASA ASRS Text

Title: COMMUTER X NON ADHERENCE TO ATC CLRNC CLB FROM ASSIGNED ALT. PLTDEV.

Narrative: ACR X DSNDING FROM 10000 FT TO 6000 FT ON V-198 GOING TO TLH FROM JAX. I REQUESTED VFR CONDITIONS ON TOP CLRNC FROM TLH APCH. WE WERE APPROX 30 NM E OF TLH AT THE TIME AND WE WANTED TO DELAY DSNDING INTO A LAYER OF TURBULENT CLOUDS AT 6000 FT. AFTER OUR REQUEST FOR 'VFR ON TOP' THE APCH CTLR ASKED IF WE WERE CANCELLING IFR, AND HE SEEMED A LITTLE CONFUSED ABOUT WHATEVER WE WANTED. I EXPLAINED THAT I DID NOT WANT TO CANCEL IFR, BUT WAS REQUESTING 'VFR ON TOP.' THE CTLR AT THIS POINT SEEMED ANNOYED, BUT SAID, 'MAINTAIN VFR ON TOP AT 6500.' MOMENTS LATER, WE WOULD HAVE BEEN IN CLOUDS AT 6500 FT AND WOULD NOT BE ABLE TO MAINTAIN 'VFR CONDITIONS ON TOP' AT THE HARD ALT THE CTLR HAD ASSIGNED. DUE TO CONGESTION OF THE FREQ, I WAS UNABLE TO TELL THE CTLR THAT IN ORDER TO MAINTAIN VFR WE HAD TO CLB BACK UP TO 7200 FT AND WERE IN THE PROCESS OF DSNDING BACK TO 6500 FT WHEN HE REQUESTED OUR ALT. HE ALSO SAID HE HAD TFC AT 7000 FT BUT SAID NOTHING ABOUT THE OTHER TFC'S POS. WE WERE IN VERY CLR VISIBILITY AND WE SAW NOTHING OR ANY OTHER ACFT. WE EXPLAINED WHAT WE HAD DONE WAS TO STAY VFR. HE THEN ABRUPTLY SAID, 'CANCEL YOUR VFR ON TOP, DSND AND MAINTAIN 3000.' WE PROCEEDED TO THE ARPT WITHOUT FURTHER DISCUSSION AND LANDED. I AM A FORMER AIR TFC CTLR, AND IN THE PAST YR, HAVE REQUESTED 'VFR CONDITIONS ON TOP' WHILE ON AN IFR CLRNC PERHAPS 4 TIMES. 3 OF THOSE TIMES, THE CTLR WAS COMPLETELY PERPLEXED ABOUT WHAT WE WANTED. WE HAD TO EXPLAIN WHAT WE WANTED.

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.