Small transport departs prior to release time of IFR flight plan.

Attributes
ACN	295471
Time
Date	199502
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : czq airport : q60
State Reference	CA
Altitude	agl bound lower : 0 agl bound upper : 1500
Environment
Flight Conditions	Marginal
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : fat
Operator	general aviation : personal
Make Model Name	Baron 58/58TC
Operating Under FAR Part	Part 91
Flight Phase	climbout : takeoff climbout : initial
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : commercial pilot : cfi pilot : instrument
Experience	flight time last 90 days : 65 flight time total : 1800 flight time type : 150
ASRS Report	295471
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	non adherence : clearance other anomaly other
Independent Detector	other controllera
Resolutory Action	other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I called flight service on the ground at Q60, the sierra sky park airport, fresno, ca, and asked them for an IFR clearance to paiona, co. ATC issued a clearance for a window from XX40- XX45 climb to 2500 ft czq VOR. Then as filed, etc. As I waited on the ground the clouds/fog lifted enough so that I could depart VFR. When I called approach in the air they seemed irate that I had departed 1-2 min before the clearance was valid. They asked me if I had the correct time and if FSS had given the correct time. I told them that they 'FSS' had given me the time. I had established radar contact before ever entering the class C area that runs from 1600-9400 ft MSL in this area near the czq VOR. Because of the controller's comments I am afraid that he may try to issue me a violation. In the future I will contact ATC and make it clear that I am VFR if I depart before my clrncs valid time. I think the controller felt like I had left and ascended through a layer of clouds.

Original NASA ASRS Text

Title: SMT DEPARTS PRIOR TO RELEASE TIME OF IFR FLT PLAN.

Narrative: I CALLED FLT SVC ON THE GND AT Q60, THE SIERRA SKY PARK ARPT, FRESNO, CA, AND ASKED THEM FOR AN IFR CLRNC TO PAIONA, CO. ATC ISSUED A CLRNC FOR A WINDOW FROM XX40- XX45 CLB TO 2500 FT CZQ VOR. THEN AS FILED, ETC. AS I WAITED ON THE GND THE CLOUDS/FOG LIFTED ENOUGH SO THAT I COULD DEPART VFR. WHEN I CALLED APCH IN THE AIR THEY SEEMED IRATE THAT I HAD DEPARTED 1-2 MIN BEFORE THE CLRNC WAS VALID. THEY ASKED ME IF I HAD THE CORRECT TIME AND IF FSS HAD GIVEN THE CORRECT TIME. I TOLD THEM THAT THEY 'FSS' HAD GIVEN ME THE TIME. I HAD ESTABLISHED RADAR CONTACT BEFORE EVER ENTERING THE CLASS C AREA THAT RUNS FROM 1600-9400 FT MSL IN THIS AREA NEAR THE CZQ VOR. BECAUSE OF THE CTLR'S COMMENTS I AM AFRAID THAT HE MAY TRY TO ISSUE ME A VIOLATION. IN THE FUTURE I WILL CONTACT ATC AND MAKE IT CLR THAT I AM VFR IF I DEPART BEFORE MY CLRNCS VALID TIME. I THINK THE CTLR FELT LIKE I HAD LEFT AND ASCENDED THROUGH A LAYER OF CLOUDS.

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.