Narrative:

I was on a VFR flight in VMC conditions from hou to las with a fuel stop at abq. I was proceeding my wbound on V68 at 12500 ft approaching chicum VOR. I noticed WX ahead and contacted flight watch. I was told about the clouds ahead containing freezing rain and icing conditions but that abq was clear and most of the WX was to the northeast around the anton chico VOR. At that time I initiated a climb to 16500 ft to stay on the top. As I approached corona VOR, my DME failed and the tops were raising. At that time I contacted ZAB, asked for and was given a clearance to climb to FL190. Approaching FL190 it was apparent that I would not clear the clouds. I deviated to the west to stay out of the clouds. I called center and told them my situation and was cleared to FL210 and was told to turn back to the east to avoid R5107C. Upon reaching FL210 I still could not proceed on course and told the controller that I could see clear sky to the northeast and would like to go there and descend to below the clouds and cancel IFR. He asked me if I could descend straight ahead. I reported that I could not stay clear of clouds and descend straight. Then he told me to circle to 14000 ft and report below the clouds. I descended to 11000 ft, believing that I had canceled IFR and was to report below clouds. The controller called me and asked me why I had busted the 14000 ft altitude that he had told me to go to. I told him that I thought I was clear to below the clouds. He said that I was not and that there was high terrain in that area. The actual terrain elevation was 6500 ft which left me at 4500 ft AGL. I told the controller that I was still above the cloud bases and was going to descend to 8500 ft and once again I told him to cancel IFR, which he did. I descended to 8500 ft and proceeded to abq. The controller came back on and asked me to call his supervisor when I was on the ground, which I did. He said that they were going to file a pilot deviation on me, which I assume they have. As a result of this incident, I have made the following observations and came to the following conclusions: 1) I should have updated my WX briefing sooner and avoided the area completely. 2) the air traffic controllers are much more interested in keeping a restr area (which by the way was not in use) sterile than the safety of me and my aircraft. 3) the chain of events I have described were not a life threatening situation and were well within the limitations of me and my aircraft. However, if I would have followed the controller's directions and flown into the clouds, chances are very good I would not be writing this letter today. I guess the point I am trying to make here is that there are times when a pilot's common sense has to take precedence over any instruction given by the air traffic controller and that the FAA should recognize those times and be more flexible in dealing with them.

Related reports:

Google
 

Original NASA ASRS Text

Title: PLT OF A MOONEY MO2K DSNDED PAST THE ASSIGNED DSCNT ALT WHEN ATTEMPTING TO AVOID IMC DURING AN IFR FLT.

Narrative: I WAS ON A VFR FLT IN VMC CONDITIONS FROM HOU TO LAS WITH A FUEL STOP AT ABQ. I WAS PROCEEDING MY WBOUND ON V68 AT 12500 FT APCHING CHICUM VOR. I NOTICED WX AHEAD AND CONTACTED FLT WATCH. I WAS TOLD ABOUT THE CLOUDS AHEAD CONTAINING FREEZING RAIN AND ICING CONDITIONS BUT THAT ABQ WAS CLR AND MOST OF THE WX WAS TO THE NE AROUND THE ANTON CHICO VOR. AT THAT TIME I INITIATED A CLB TO 16500 FT TO STAY ON THE TOP. AS I APCHED CORONA VOR, MY DME FAILED AND THE TOPS WERE RAISING. AT THAT TIME I CONTACTED ZAB, ASKED FOR AND WAS GIVEN A CLRNC TO CLB TO FL190. APCHING FL190 IT WAS APPARENT THAT I WOULD NOT CLR THE CLOUDS. I DEVIATED TO THE W TO STAY OUT OF THE CLOUDS. I CALLED CTR AND TOLD THEM MY SIT AND WAS CLRED TO FL210 AND WAS TOLD TO TURN BACK TO THE E TO AVOID R5107C. UPON REACHING FL210 I STILL COULD NOT PROCEED ON COURSE AND TOLD THE CTLR THAT I COULD SEE CLR SKY TO THE NE AND WOULD LIKE TO GO THERE AND DSND TO BELOW THE CLOUDS AND CANCEL IFR. HE ASKED ME IF I COULD DSND STRAIGHT AHEAD. I RPTED THAT I COULD NOT STAY CLR OF CLOUDS AND DSND STRAIGHT. THEN HE TOLD ME TO CIRCLE TO 14000 FT AND RPT BELOW THE CLOUDS. I DSNDED TO 11000 FT, BELIEVING THAT I HAD CANCELED IFR AND WAS TO RPT BELOW CLOUDS. THE CTLR CALLED ME AND ASKED ME WHY I HAD BUSTED THE 14000 FT ALT THAT HE HAD TOLD ME TO GO TO. I TOLD HIM THAT I THOUGHT I WAS CLR TO BELOW THE CLOUDS. HE SAID THAT I WAS NOT AND THAT THERE WAS HIGH TERRAIN IN THAT AREA. THE ACTUAL TERRAIN ELEVATION WAS 6500 FT WHICH LEFT ME AT 4500 FT AGL. I TOLD THE CTLR THAT I WAS STILL ABOVE THE CLOUD BASES AND WAS GOING TO DSND TO 8500 FT AND ONCE AGAIN I TOLD HIM TO CANCEL IFR, WHICH HE DID. I DSNDED TO 8500 FT AND PROCEEDED TO ABQ. THE CTLR CAME BACK ON AND ASKED ME TO CALL HIS SUPVR WHEN I WAS ON THE GND, WHICH I DID. HE SAID THAT THEY WERE GOING TO FILE A PLTDEV ON ME, WHICH I ASSUME THEY HAVE. AS A RESULT OF THIS INCIDENT, I HAVE MADE THE FOLLOWING OBSERVATIONS AND CAME TO THE FOLLOWING CONCLUSIONS: 1) I SHOULD HAVE UPDATED MY WX BRIEFING SOONER AND AVOIDED THE AREA COMPLETELY. 2) THE AIR TFC CTLRS ARE MUCH MORE INTERESTED IN KEEPING A RESTR AREA (WHICH BY THE WAY WAS NOT IN USE) STERILE THAN THE SAFETY OF ME AND MY ACFT. 3) THE CHAIN OF EVENTS I HAVE DESCRIBED WERE NOT A LIFE THREATENING SIT AND WERE WELL WITHIN THE LIMITATIONS OF ME AND MY ACFT. HOWEVER, IF I WOULD HAVE FOLLOWED THE CTLR'S DIRECTIONS AND FLOWN INTO THE CLOUDS, CHANCES ARE VERY GOOD I WOULD NOT BE WRITING THIS LETTER TODAY. I GUESS THE POINT I AM TRYING TO MAKE HERE IS THAT THERE ARE TIMES WHEN A PLT'S COMMON SENSE HAS TO TAKE PRECEDENCE OVER ANY INSTRUCTION GIVEN BY THE AIR TFC CTLR AND THAT THE FAA SHOULD RECOGNIZE THOSE TIMES AND BE MORE FLEXIBLE IN DEALING WITH THEM.

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.