Narrative:

Preflight -- I had a good, detailed preflight from buffalo FSS friday morning about 1-2 hours before my departure. Some icing was reported in south-central PA, but none around buffalo. Bases were 1000-3000 ft. Tops 6000-6500 ft in our area. Takeoff and climb out -- I took off with about 800 ft ceiling at olean (at 3200 ft I still had quite good ground contact). I picked up my IFR clearance from ZOB on 124.32 and was cleared first to 4000 ft then to 8000 ft once they picked me up on radar. Tops at ole were 7100 ft, which I reported to ATC along with the fact that I experienced no icing on climb out. Cruise -- I reported level at 8000 ft to cleveland in the clear with a thin cloud cover at 14000-16000 ft. I began my RNAV direct route to ekn with a slight tailwind at about 200 KTS GS. As I approached a position due east of pittsburgh (generally in the area of dubois, PA) center turned me 20 degrees left to clear inbound flts into pittsburgh. As I moved southwest the clouds became higher with a ridge slightly above me. When I began to penetrate the tops and saw traces of rime ice on the wings I requested higher altitude. Center said that there was crossing traffic at 9000 ft and at 10000 ft and I could not change. I continued at 8000 ft for a few mins thinking that I might pass through the cloud ridge quickly, but I found that I was penetrating deeper into the cloud top, perhaps to 300 ft. The trace of rime icing changed very quickly to moderate and I again requested clearance to climb. I offered to make any maneuver, climb, turn, circle because I had to get out of the icing. Again I was refused. I then advised the center that I was climbing to 8500 ft. I broke out at about 8200-8300 ft and continued to climb to a standard VFR altitude of 8500 ft, asking to change to VFR on top. I climbed straight ahead to make it simple for center and other aircraft to understand what I was doing and to avoid me if necessary. Had I started turning they might have been confused about my intentions. I told center, and the crossing aircraft could hear our conversations, exactly what I was doing as I was doing it to help them as much as possible. Center reported to the 9000 ft traffic that I was at 9000 ft and asked that traffic to deviate, probably south. I was never actually at 9000 ft. At no time was I above 8600 ft and I settled at 8500 ft. (This is explained by the following note.) (later in my flight a controller reported that my encoder was reporting 300 ft high. We double checked my instruments and settings, which were correct. I have already requested repair station in st petersburg to inspect my altitude encoder and transponder next week during my present visit to pie.) during these few mins of conversation, center said I would have to declare an emergency to climb, but I did not feel that I was in an emergency. I had complete control of my plane, I knew what I had to do and what I was doing, I knew that I might be breaking a rule but I was positive that I was not putting other aircraft in danger. A few mins later I was cleared VFR on top direct to ekn at 8500 ft. A bit later with ZDC I requested a return to IFR operations and a climb to 14000 ft where I stayed until a fuel stop at savannah. I was almost to sav before the ice on the leading edge of the wing disappeared completely, at least 1 hour, so the ice built very fast. My feeling is that I was justified in making an immediate change in the flight conditions to prevent much more serious consequences. It is worth noting that a 5 min difference in time (no crossing traffic) would have made my request for higher a very routine request which center would have given me at once, I am sure. Alternative action -- knowing that there was a chance of icing in the clouds, I might have climbed initially to a much higher altitude. At 8000 ft I was almost 1000 ft in the clear, which seemed adequate. There was also a higher, fairly solid layer at 14000-16000 ft to avoid. When I first saw that I was about to penetrate cloud tops I could see that there was a ridge, not a gradual upslope, of clouds that would put me deeper and deeper into them. My initial penetration resulted in only a trace of icing. I thought that I would pass through theclouds quickly and without problems. I have been flying mooneys for 16-17 yrs in all kinds of WX, in most parts of the USA, and throughout the year. I have considerable experience over those years with the mooney's ability to handle ice. Note that I asked for higher altitude as soon as I saw traces of ice on my wings. I move as soon as I see any ice forming. I suppose there is the alternative of not flying if there is any mention of icing anywhere along one route. Unfortunately, as fewer and fewer ATC personnel are actually trained pilots, more and more forecasts include 'chance of' anything in the book, we would be only flying in VFR WX, which really isn't very practical.

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Original NASA ASRS Text

Title: PVT PLT, IN ACFT NOT EQUIPPED FOR ICING, FLEW INTO ICING CONDITIONS AND DEVIATED FROM ALT IN SPITE OF ATC REFUSING ALT CHANGE BECAUSE OF CONFLICTING TFC.

Narrative: PREFLT -- I HAD A GOOD, DETAILED PREFLT FROM BUFFALO FSS FRIDAY MORNING ABOUT 1-2 HRS BEFORE MY DEP. SOME ICING WAS RPTED IN SOUTH-CENTRAL PA, BUT NONE AROUND BUFFALO. BASES WERE 1000-3000 FT. TOPS 6000-6500 FT IN OUR AREA. TKOF AND CLBOUT -- I TOOK OFF WITH ABOUT 800 FT CEILING AT OLEAN (AT 3200 FT I STILL HAD QUITE GOOD GND CONTACT). I PICKED UP MY IFR CLRNC FROM ZOB ON 124.32 AND WAS CLRED FIRST TO 4000 FT THEN TO 8000 FT ONCE THEY PICKED ME UP ON RADAR. TOPS AT OLE WERE 7100 FT, WHICH I RPTED TO ATC ALONG WITH THE FACT THAT I EXPERIENCED NO ICING ON CLBOUT. CRUISE -- I RPTED LEVEL AT 8000 FT TO CLEVELAND IN THE CLR WITH A THIN CLOUD COVER AT 14000-16000 FT. I BEGAN MY RNAV DIRECT RTE TO EKN WITH A SLIGHT TAILWIND AT ABOUT 200 KTS GS. AS I APCHED A POS DUE E OF PITTSBURGH (GENERALLY IN THE AREA OF DUBOIS, PA) CTR TURNED ME 20 DEGS L TO CLR INBOUND FLTS INTO PITTSBURGH. AS I MOVED SW THE CLOUDS BECAME HIGHER WITH A RIDGE SLIGHTLY ABOVE ME. WHEN I BEGAN TO PENETRATE THE TOPS AND SAW TRACES OF RIME ICE ON THE WINGS I REQUESTED HIGHER ALT. CTR SAID THAT THERE WAS XING TFC AT 9000 FT AND AT 10000 FT AND I COULD NOT CHANGE. I CONTINUED AT 8000 FT FOR A FEW MINS THINKING THAT I MIGHT PASS THROUGH THE CLOUD RIDGE QUICKLY, BUT I FOUND THAT I WAS PENETRATING DEEPER INTO THE CLOUD TOP, PERHAPS TO 300 FT. THE TRACE OF RIME ICING CHANGED VERY QUICKLY TO MODERATE AND I AGAIN REQUESTED CLRNC TO CLB. I OFFERED TO MAKE ANY MANEUVER, CLB, TURN, CIRCLE BECAUSE I HAD TO GET OUT OF THE ICING. AGAIN I WAS REFUSED. I THEN ADVISED THE CTR THAT I WAS CLBING TO 8500 FT. I BROKE OUT AT ABOUT 8200-8300 FT AND CONTINUED TO CLB TO A STANDARD VFR ALT OF 8500 FT, ASKING TO CHANGE TO VFR ON TOP. I CLBED STRAIGHT AHEAD TO MAKE IT SIMPLE FOR CTR AND OTHER ACFT TO UNDERSTAND WHAT I WAS DOING AND TO AVOID ME IF NECESSARY. HAD I STARTED TURNING THEY MIGHT HAVE BEEN CONFUSED ABOUT MY INTENTIONS. I TOLD CTR, AND THE XING ACFT COULD HEAR OUR CONVERSATIONS, EXACTLY WHAT I WAS DOING AS I WAS DOING IT TO HELP THEM AS MUCH AS POSSIBLE. CTR RPTED TO THE 9000 FT TFC THAT I WAS AT 9000 FT AND ASKED THAT TFC TO DEVIATE, PROBABLY S. I WAS NEVER ACTUALLY AT 9000 FT. AT NO TIME WAS I ABOVE 8600 FT AND I SETTLED AT 8500 FT. (THIS IS EXPLAINED BY THE FOLLOWING NOTE.) (LATER IN MY FLT A CTLR RPTED THAT MY ENCODER WAS RPTING 300 FT HIGH. WE DOUBLE CHKED MY INSTS AND SETTINGS, WHICH WERE CORRECT. I HAVE ALREADY REQUESTED REPAIR STATION IN ST PETERSBURG TO INSPECT MY ALT ENCODER AND XPONDER NEXT WK DURING MY PRESENT VISIT TO PIE.) DURING THESE FEW MINS OF CONVERSATION, CTR SAID I WOULD HAVE TO DECLARE AN EMER TO CLB, BUT I DID NOT FEEL THAT I WAS IN AN EMER. I HAD COMPLETE CTL OF MY PLANE, I KNEW WHAT I HAD TO DO AND WHAT I WAS DOING, I KNEW THAT I MIGHT BE BREAKING A RULE BUT I WAS POSITIVE THAT I WAS NOT PUTTING OTHER ACFT IN DANGER. A FEW MINS LATER I WAS CLRED VFR ON TOP DIRECT TO EKN AT 8500 FT. A BIT LATER WITH ZDC I REQUESTED A RETURN TO IFR OPS AND A CLB TO 14000 FT WHERE I STAYED UNTIL A FUEL STOP AT SAVANNAH. I WAS ALMOST TO SAV BEFORE THE ICE ON THE LEADING EDGE OF THE WING DISAPPEARED COMPLETELY, AT LEAST 1 HR, SO THE ICE BUILT VERY FAST. MY FEELING IS THAT I WAS JUSTIFIED IN MAKING AN IMMEDIATE CHANGE IN THE FLT CONDITIONS TO PREVENT MUCH MORE SERIOUS CONSEQUENCES. IT IS WORTH NOTING THAT A 5 MIN DIFFERENCE IN TIME (NO XING TFC) WOULD HAVE MADE MY REQUEST FOR HIGHER A VERY ROUTINE REQUEST WHICH CTR WOULD HAVE GIVEN ME AT ONCE, I AM SURE. ALTERNATIVE ACTION -- KNOWING THAT THERE WAS A CHANCE OF ICING IN THE CLOUDS, I MIGHT HAVE CLBED INITIALLY TO A MUCH HIGHER ALT. AT 8000 FT I WAS ALMOST 1000 FT IN THE CLR, WHICH SEEMED ADEQUATE. THERE WAS ALSO A HIGHER, FAIRLY SOLID LAYER AT 14000-16000 FT TO AVOID. WHEN I FIRST SAW THAT I WAS ABOUT TO PENETRATE CLOUD TOPS I COULD SEE THAT THERE WAS A RIDGE, NOT A GRADUAL UPSLOPE, OF CLOUDS THAT WOULD PUT ME DEEPER AND DEEPER INTO THEM. MY INITIAL PENETRATION RESULTED IN ONLY A TRACE OF ICING. I THOUGHT THAT I WOULD PASS THROUGH THECLOUDS QUICKLY AND WITHOUT PROBS. I HAVE BEEN FLYING MOONEYS FOR 16-17 YRS IN ALL KINDS OF WX, IN MOST PARTS OF THE USA, AND THROUGHOUT THE YEAR. I HAVE CONSIDERABLE EXPERIENCE OVER THOSE YEARS WITH THE MOONEY'S ABILITY TO HANDLE ICE. NOTE THAT I ASKED FOR HIGHER ALT AS SOON AS I SAW TRACES OF ICE ON MY WINGS. I MOVE AS SOON AS I SEE ANY ICE FORMING. I SUPPOSE THERE IS THE ALTERNATIVE OF NOT FLYING IF THERE IS ANY MENTION OF ICING ANYWHERE ALONG ONE RTE. UNFORTUNATELY, AS FEWER AND FEWER ATC PERSONNEL ARE ACTUALLY TRAINED PLTS, MORE AND MORE FORECASTS INCLUDE 'CHANCE OF' ANYTHING IN THE BOOK, WE WOULD BE ONLY FLYING IN VFR WX, WHICH REALLY ISN'T VERY PRACTICAL.

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.