Narrative:

2 problems to report: first, while distracted (talking to passenger) I broke into cgx class D airspace from the north, making initial radar contact at 3.9 NM (according to LORAN). (ATC made no comment on this.) second, and more complicated: cruising through cgx class D at 1200 ft MSL (approximately 600 ft AGL), I encountered scattered clouds at approximately 1400 ft MSL. This led to a dilemma: to maintain 500 ft below clouds which would have required descending to 900 ft MSL (300 ft AGL) - this I did not feel would be safe. SVFR would have permitted me to proceed and remain clear of clouds - but conditions were unambiguously VFR. I could not climb through the scattered layer and maintain 2000 ft horizontal clearance. The only legal option seemed to be (a) to land at cgx (but the helicopter was rented and due back soon), or (B) to circumvent the clouds or controled airspace. Either one seemed an over reaction to the situation. It ought to be possible to request something like SVFR in this situation even though conditions (on the ground) are VFR. Thanks for your attention. I would be grateful for your opinion on what I should have done. I got no good answer back at the FBO. Callback conversation with reporter revealed the following information: reporter stated that while returning to the south to his departure airport (3HA), the offshore cloud deck was coming in over the cgx airport making it difficult to maintain 500 ft below the clouds. He wondered what would have been best to do in this incident since it would have put him about 300 ft above the ground. Basically, since the airport was reporting VFR, the controller would not usually issue a special VFR, and they did acknowledge his route and altitude when they stated cleared through the airport area! However, it was the reporting pilot's responsibility to remain VFR and advise the tower if that could not be done. By doing the later, it would have afforded the controller to rerte or clear the reporter as needed, which would have satisfied the far VFR rules in an airport traffic area, class D airspace. The reporter was operating an R22 robinson helicopter.

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Original NASA ASRS Text

Title: PLT OF AN SMA HELI PENETRATED CLASS D AIRSPACE AND OPERATED TOO CLOSE TO CLOUDS IN THAT AIRSPACE.

Narrative: 2 PROBS TO RPT: FIRST, WHILE DISTRACTED (TALKING TO PAX) I BROKE INTO CGX CLASS D AIRSPACE FROM THE N, MAKING INITIAL RADAR CONTACT AT 3.9 NM (ACCORDING TO LORAN). (ATC MADE NO COMMENT ON THIS.) SECOND, AND MORE COMPLICATED: CRUISING THROUGH CGX CLASS D AT 1200 FT MSL (APPROX 600 FT AGL), I ENCOUNTERED SCATTERED CLOUDS AT APPROX 1400 FT MSL. THIS LED TO A DILEMMA: TO MAINTAIN 500 FT BELOW CLOUDS WHICH WOULD HAVE REQUIRED DSNDING TO 900 FT MSL (300 FT AGL) - THIS I DID NOT FEEL WOULD BE SAFE. SVFR WOULD HAVE PERMITTED ME TO PROCEED AND REMAIN CLR OF CLOUDS - BUT CONDITIONS WERE UNAMBIGUOUSLY VFR. I COULD NOT CLB THROUGH THE SCATTERED LAYER AND MAINTAIN 2000 FT HORIZ CLRNC. THE ONLY LEGAL OPTION SEEMED TO BE (A) TO LAND AT CGX (BUT THE HELI WAS RENTED AND DUE BACK SOON), OR (B) TO CIRCUMVENT THE CLOUDS OR CTLED AIRSPACE. EITHER ONE SEEMED AN OVER REACTION TO THE SIT. IT OUGHT TO BE POSSIBLE TO REQUEST SOMETHING LIKE SVFR IN THIS SIT EVEN THOUGH CONDITIONS (ON THE GND) ARE VFR. THANKS FOR YOUR ATTN. I WOULD BE GRATEFUL FOR YOUR OPINION ON WHAT I SHOULD HAVE DONE. I GOT NO GOOD ANSWER BACK AT THE FBO. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT WHILE RETURNING TO THE S TO HIS DEP ARPT (3HA), THE OFFSHORE CLOUD DECK WAS COMING IN OVER THE CGX ARPT MAKING IT DIFFICULT TO MAINTAIN 500 FT BELOW THE CLOUDS. HE WONDERED WHAT WOULD HAVE BEEN BEST TO DO IN THIS INCIDENT SINCE IT WOULD HAVE PUT HIM ABOUT 300 FT ABOVE THE GND. BASICALLY, SINCE THE ARPT WAS RPTING VFR, THE CTLR WOULD NOT USUALLY ISSUE A SPECIAL VFR, AND THEY DID ACKNOWLEDGE HIS RTE AND ALT WHEN THEY STATED CLRED THROUGH THE ARPT AREA! HOWEVER, IT WAS THE RPTING PLT'S RESPONSIBILITY TO REMAIN VFR AND ADVISE THE TWR IF THAT COULD NOT BE DONE. BY DOING THE LATER, IT WOULD HAVE AFFORDED THE CTLR TO RERTE OR CLR THE RPTR AS NEEDED, WHICH WOULD HAVE SATISFIED THE FAR VFR RULES IN AN ARPT TFC AREA, CLASS D AIRSPACE. THE RPTR WAS OPERATING AN R22 ROBINSON HELI.

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.