Narrative:

A friend and myself had flown down to merced on an IFR flight plan. (I flew the leg to merced and he was safety pilot for me.) we were going to depart merced on an IFR flight plan and I would be the safety pilot on this leg. As we taxied out, we contacted castle approach (as opposed to FSS) to obtain our clearance, since we had closed with them on the previous leg. The controller read our clearance and gave no 'hold for release' instructions nor a 'clearance void time.' after completing our runup, we radioed our intentions over CTAF and departed. Our clearance was a left turn after departure (don't recall heading) and climb to 5000 ft. We would get radar vectors to sunol intersection after contacting approach. In addition, the controller told us that we were responsible to comply with obstacle clearance separation (reference far 91.177). Upon initial contact with castle approach, the controller asked if we had departed VFR. My friend, who was PF, responded that we had, and we read the same clearance again. That was the point where the confusion arose, because we called back to correct and indicated that we had departed IFR. Upon hearing this, the controller indicated that we should normally have waited for a release if there had been incoming traffic on approach. My friend asked if there was anything we should have to worry about (regarding possible violation, etc), to which the controller responded, 'no.' the rest of the flight was uneventful. I believe that part of the problem arose when both of us in the airplane were anticipating a clearance void time or some type first officer similar instruction. (Should have asked ATC about any questions.) in addition, I don't recall exact altitude upon which initial contact with departure control was made (estimated approximately 1000 ft MSL). However, if we were in class G airspace still, then we should have been able to conduct IFR operations since it is uncontrolled airspace. I have spoken to several pilots with regard to this situation and will probably ask an ATC representative for their opinion. Despite the fact that I was not PIC (only a safety pilot), my friend and I conduct these operations employing cockpit resource management techniques and think in terms of a 'crew environment.' therefore, the misunderstanding was shared.

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Original NASA ASRS Text

Title: PLT OF AN SMA SEL ACFT TOOK OFF AND CLBED IFR INTO CTL AIRSPACE WITHOUT CLRNC.

Narrative: A FRIEND AND MYSELF HAD FLOWN DOWN TO MERCED ON AN IFR FLT PLAN. (I FLEW THE LEG TO MERCED AND HE WAS SAFETY PLT FOR ME.) WE WERE GOING TO DEPART MERCED ON AN IFR FLT PLAN AND I WOULD BE THE SAFETY PLT ON THIS LEG. AS WE TAXIED OUT, WE CONTACTED CASTLE APCH (AS OPPOSED TO FSS) TO OBTAIN OUR CLRNC, SINCE WE HAD CLOSED WITH THEM ON THE PREVIOUS LEG. THE CTLR READ OUR CLRNC AND GAVE NO 'HOLD FOR RELEASE' INSTRUCTIONS NOR A 'CLRNC VOID TIME.' AFTER COMPLETING OUR RUNUP, WE RADIOED OUR INTENTIONS OVER CTAF AND DEPARTED. OUR CLRNC WAS A L TURN AFTER DEP (DON'T RECALL HDG) AND CLB TO 5000 FT. WE WOULD GET RADAR VECTORS TO SUNOL INTXN AFTER CONTACTING APCH. IN ADDITION, THE CTLR TOLD US THAT WE WERE RESPONSIBLE TO COMPLY WITH OBSTACLE CLRNC SEPARATION (REF FAR 91.177). UPON INITIAL CONTACT WITH CASTLE APCH, THE CTLR ASKED IF WE HAD DEPARTED VFR. MY FRIEND, WHO WAS PF, RESPONDED THAT WE HAD, AND WE READ THE SAME CLRNC AGAIN. THAT WAS THE POINT WHERE THE CONFUSION AROSE, BECAUSE WE CALLED BACK TO CORRECT AND INDICATED THAT WE HAD DEPARTED IFR. UPON HEARING THIS, THE CTLR INDICATED THAT WE SHOULD NORMALLY HAVE WAITED FOR A RELEASE IF THERE HAD BEEN INCOMING TFC ON APCH. MY FRIEND ASKED IF THERE WAS ANYTHING WE SHOULD HAVE TO WORRY ABOUT (REGARDING POSSIBLE VIOLATION, ETC), TO WHICH THE CTLR RESPONDED, 'NO.' THE REST OF THE FLT WAS UNEVENTFUL. I BELIEVE THAT PART OF THE PROB AROSE WHEN BOTH OF US IN THE AIRPLANE WERE ANTICIPATING A CLRNC VOID TIME OR SOME TYPE FO SIMILAR INSTRUCTION. (SHOULD HAVE ASKED ATC ABOUT ANY QUESTIONS.) IN ADDITION, I DON'T RECALL EXACT ALT UPON WHICH INITIAL CONTACT WITH DEP CTL WAS MADE (ESTIMATED APPROX 1000 FT MSL). HOWEVER, IF WE WERE IN CLASS G AIRSPACE STILL, THEN WE SHOULD HAVE BEEN ABLE TO CONDUCT IFR OPS SINCE IT IS UNCTLED AIRSPACE. I HAVE SPOKEN TO SEVERAL PLTS WITH REGARD TO THIS SIT AND WILL PROBABLY ASK AN ATC REPRESENTATIVE FOR THEIR OPINION. DESPITE THE FACT THAT I WAS NOT PIC (ONLY A SAFETY PLT), MY FRIEND AND I CONDUCT THESE OPS EMPLOYING COCKPIT RESOURCE MGMNT TECHNIQUES AND THINK IN TERMS OF A 'CREW ENVIRONMENT.' THEREFORE, THE MISUNDERSTANDING WAS SHARED.

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.