Narrative:

The charter was to depart bellefonte, PA, at WA00 am. We could not land at bellefonte due to low ground fog, above the low fog was clear VFR conditions. We diverted and landed at state college, university park airport. The passenger were transported from bellefonte to state college and we were ready to depart at approximately XA00 am. During the wait on the ground, the fog had rolled into the university park airport and reduced the visibility to below 1/2 mi. An IFR flight plan had already been filed with flight service and was available to receive a clearance with via telephone or the remote ground frequency available on the field. I was on the trip solely to occupy a seat in the cockpit at the request of the passenger being chartered. I am not checked out in the aircraft nor am I checked out part 135 in the aircraft. Therefore, on all official paperwork concerning the flight I was considered a passenger. The PIC decided not to pick up his IFR clearance because of his knowledge of the clouds being low and not very thick and departed VFR. On departure we overheard an aircraft on the unicom frequency asking what the current reported WX was. The person responded that it was sky obscured, 100 overcast with visibilities variable between 1/4 and 5/8 of a mi. The pilot of my aircraft then switched to ZNY to pick up his IFR clearance to ewr, nj, to facilitate his sequencing into the busy class B airspace. The aircraft that departed state college behind us came onto the center frequency, asked us to change back to unicom frequency and gave us an 800 number to call as soon as possible. The PIC of our aircraft, upon arrival at ewr airport, promptly called the gentleman in the previously discussed aircraft. The gentleman told the PIC of my aircraft his disgust with his actions and questioned who the owner and operator of the aircraft and FBO was. He then asked the PIC's name and the copilot's name. At this point, my name was given as copilot. Because I was not a required crew member and not in command of the flight in any way, I feel my name need not have been given. I have filed this report in the case that the pilot of the aircraft that questioned our departure goes any further, including filing a complaint with the FAA. I feel the PIC of the aircraft used poor judgement and improper procedures in not following the FARS, and I do not want my certificates jeopardized when I was not in any way associated with the command of the aircraft. Supplemental information from acn 281020: as I awaited my passenger, a thin fog covered the airport. It was no more than 50 ft thick. At approximately XA00 am my passenger were boarded and we proceeded for departure. Rolling down the runway the fog only covered the initial part of the runway. We climbed into the clear and picked up our IFR clearance en route to ewr. The question posed was that I was VFR into IFR conditions. I feel that I announced my intentions and I also did not endanger anyone's safety.

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Original NASA ASRS Text

Title: IFR TKOF PROC WITHOUT IFR CLRNC. UNAUTH TKOF.

Narrative: THE CHARTER WAS TO DEPART BELLEFONTE, PA, AT WA00 AM. WE COULD NOT LAND AT BELLEFONTE DUE TO LOW GND FOG, ABOVE THE LOW FOG WAS CLR VFR CONDITIONS. WE DIVERTED AND LANDED AT STATE COLLEGE, UNIVERSITY PARK ARPT. THE PAX WERE TRANSPORTED FROM BELLEFONTE TO STATE COLLEGE AND WE WERE READY TO DEPART AT APPROX XA00 AM. DURING THE WAIT ON THE GND, THE FOG HAD ROLLED INTO THE UNIVERSITY PARK ARPT AND REDUCED THE VISIBILITY TO BELOW 1/2 MI. AN IFR FLT PLAN HAD ALREADY BEEN FILED WITH FLT SVC AND WAS AVAILABLE TO RECEIVE A CLRNC WITH VIA TELEPHONE OR THE REMOTE GND FREQ AVAILABLE ON THE FIELD. I WAS ON THE TRIP SOLELY TO OCCUPY A SEAT IN THE COCKPIT AT THE REQUEST OF THE PAX BEING CHARTERED. I AM NOT CHKED OUT IN THE ACFT NOR AM I CHKED OUT PART 135 IN THE ACFT. THEREFORE, ON ALL OFFICIAL PAPERWORK CONCERNING THE FLT I WAS CONSIDERED A PAX. THE PIC DECIDED NOT TO PICK UP HIS IFR CLRNC BECAUSE OF HIS KNOWLEDGE OF THE CLOUDS BEING LOW AND NOT VERY THICK AND DEPARTED VFR. ON DEP WE OVERHEARD AN ACFT ON THE UNICOM FREQ ASKING WHAT THE CURRENT RPTED WX WAS. THE PERSON RESPONDED THAT IT WAS SKY OBSCURED, 100 OVCST WITH VISIBILITIES VARIABLE BTWN 1/4 AND 5/8 OF A MI. THE PLT OF MY ACFT THEN SWITCHED TO ZNY TO PICK UP HIS IFR CLRNC TO EWR, NJ, TO FACILITATE HIS SEQUENCING INTO THE BUSY CLASS B AIRSPACE. THE ACFT THAT DEPARTED STATE COLLEGE BEHIND US CAME ONTO THE CTR FREQ, ASKED US TO CHANGE BACK TO UNICOM FREQ AND GAVE US AN 800 NUMBER TO CALL ASAP. THE PIC OF OUR ACFT, UPON ARR AT EWR ARPT, PROMPTLY CALLED THE GENTLEMAN IN THE PREVIOUSLY DISCUSSED ACFT. THE GENTLEMAN TOLD THE PIC OF MY ACFT HIS DISGUST WITH HIS ACTIONS AND QUESTIONED WHO THE OWNER AND OPERATOR OF THE ACFT AND FBO WAS. HE THEN ASKED THE PIC'S NAME AND THE COPLT'S NAME. AT THIS POINT, MY NAME WAS GIVEN AS COPLT. BECAUSE I WAS NOT A REQUIRED CREW MEMBER AND NOT IN COMMAND OF THE FLT IN ANY WAY, I FEEL MY NAME NEED NOT HAVE BEEN GIVEN. I HAVE FILED THIS RPT IN THE CASE THAT THE PLT OF THE ACFT THAT QUESTIONED OUR DEP GOES ANY FURTHER, INCLUDING FILING A COMPLAINT WITH THE FAA. I FEEL THE PIC OF THE ACFT USED POOR JUDGEMENT AND IMPROPER PROCS IN NOT FOLLOWING THE FARS, AND I DO NOT WANT MY CERTIFICATES JEOPARDIZED WHEN I WAS NOT IN ANY WAY ASSOCIATED WITH THE COMMAND OF THE ACFT. SUPPLEMENTAL INFO FROM ACN 281020: AS I AWAITED MY PAX, A THIN FOG COVERED THE ARPT. IT WAS NO MORE THAN 50 FT THICK. AT APPROX XA00 AM MY PAX WERE BOARDED AND WE PROCEEDED FOR DEP. ROLLING DOWN THE RWY THE FOG ONLY COVERED THE INITIAL PART OF THE RWY. WE CLBED INTO THE CLR AND PICKED UP OUR IFR CLRNC ENRTE TO EWR. THE QUESTION POSED WAS THAT I WAS VFR INTO IFR CONDITIONS. I FEEL THAT I ANNOUNCED MY INTENTIONS AND I ALSO DID NOT ENDANGER ANYONE'S SAFETY.

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.