Pilot of a pitts S2B failed to follow IFR departure clearance altitude restrs due a misunderstanding...

Narrative:

After listening to vny ATIS, I called ground control and asked for an SVFR departure. Ground informed me to taxi to the runway runup area and to contact clearance delivery and that while I was taxiing, ground would apprise clearance of my request for a SVFR departure. When I called clearance, I requested an SVFR departure to the practice area. Clearance asked where the practice area was. I told him it was northwest of vny airport near magic mountain and he was still not aware of where I wanted to go. Clearance asked again where I wanted to go and I explained and that I was going to the practice area for about 1 hour and then back to vny. It was at this time that clearance told me I was cleared to the VOR. I was confused by the clearance but I started to read it back. I thought I was on an SVFR clearance. Out of conditioned response, I answered to the clearance (ie, read it back). Because I was out of sequence and confused with this clearance, it took me twice to read it back. At this time, I was aware something was wrong with the clearance but with everything that had gone on I could not put my finger on it right away. Also, at this time the tower released 2 lear jets and a 400 series cessna for takeoff. There was a no-wind condition and I was concerned about wake turbulence. After receiving takeoff clearance, I proceeded to take off and climb above the flight path of the preceding aircraft. At all times during my takeoff roll I remained VFR and I was almost immediately above the haze as I left the ground. I tried to contact the tower and cancel my clearance but was unable due to the fact they were busy on frequency. I also saw the cessna skymaster passing overhead at approximately 800 ft above me almost as soon as I came off the ground. I was in visual contact with the passing traffic and I wanted to climb above the wake if there was any. I stopped my climb until the passing traffic cleared and then continued. Because I was occupied with the passing traffic and I could hear the tower was still busy, I could not cancel. The tower then told me to turn to my heading and contact departure. I was at 3200 ft at this time and I told departure that I was VFR and they told me to navigation on my own and gave me a frequency change and a squawk change. It was then that departure told me something was wrong but not what. I did not understand because at all times I was in VFR conditions (within a few mins vny reported visibility had changed to 2 1/2 mi which is what I had at minimum during takeoff. Problem: I was given an IFR clearance even though I had asked (twice) for an SVFR clearance. I climbed above an IFR climbing restr because I was in VFR conditions and was trying to avoid wake turbulence. I apparently accepted an IFR clearance. Socal reported the altitude infringement. Corrective action: I should review my IFR and SVFR procedures. The person in clearance should be schooled in listening for IFR and VFR clearance requests.

Original NASA ASRS Text

Title: PLT OF A PITTS S2B FAILED TO FOLLOW IFR DEP CLRNC ALT RESTRS DUE A MISUNDERSTANDING THAT HE BELIEVED THAT HE HAD BEEN GIVEN A STANDARD SVFR CLRNC. HOWEVER, HE WAS CONFUSED BY THE NON STANDARD CLRNC GIVEN PRIOR TO TKOF WHICH WAS NOT CLARIFIED PRIOR TO DEP.

Narrative: AFTER LISTENING TO VNY ATIS, I CALLED GND CTL AND ASKED FOR AN SVFR DEP. GND INFORMED ME TO TAXI TO THE RWY RUNUP AREA AND TO CONTACT CLRNC DELIVERY AND THAT WHILE I WAS TAXIING, GND WOULD APPRISE CLRNC OF MY REQUEST FOR A SVFR DEP. WHEN I CALLED CLRNC, I REQUESTED AN SVFR DEP TO THE PRACTICE AREA. CLRNC ASKED WHERE THE PRACTICE AREA WAS. I TOLD HIM IT WAS NW OF VNY ARPT NEAR MAGIC MOUNTAIN AND HE WAS STILL NOT AWARE OF WHERE I WANTED TO GO. CLRNC ASKED AGAIN WHERE I WANTED TO GO AND I EXPLAINED AND THAT I WAS GOING TO THE PRACTICE AREA FOR ABOUT 1 HR AND THEN BACK TO VNY. IT WAS AT THIS TIME THAT CLRNC TOLD ME I WAS CLRED TO THE VOR. I WAS CONFUSED BY THE CLRNC BUT I STARTED TO READ IT BACK. I THOUGHT I WAS ON AN SVFR CLRNC. OUT OF CONDITIONED RESPONSE, I ANSWERED TO THE CLRNC (IE, READ IT BACK). BECAUSE I WAS OUT OF SEQUENCE AND CONFUSED WITH THIS CLRNC, IT TOOK ME TWICE TO READ IT BACK. AT THIS TIME, I WAS AWARE SOMETHING WAS WRONG WITH THE CLRNC BUT WITH EVERYTHING THAT HAD GONE ON I COULD NOT PUT MY FINGER ON IT RIGHT AWAY. ALSO, AT THIS TIME THE TWR RELEASED 2 LEAR JETS AND A 400 SERIES CESSNA FOR TKOF. THERE WAS A NO-WIND CONDITION AND I WAS CONCERNED ABOUT WAKE TURB. AFTER RECEIVING TKOF CLRNC, I PROCEEDED TO TAKE OFF AND CLB ABOVE THE FLT PATH OF THE PRECEDING ACFT. AT ALL TIMES DURING MY TKOF ROLL I REMAINED VFR AND I WAS ALMOST IMMEDIATELY ABOVE THE HAZE AS I LEFT THE GND. I TRIED TO CONTACT THE TWR AND CANCEL MY CLRNC BUT WAS UNABLE DUE TO THE FACT THEY WERE BUSY ON FREQ. I ALSO SAW THE CESSNA SKYMASTER PASSING OVERHEAD AT APPROX 800 FT ABOVE ME ALMOST AS SOON AS I CAME OFF THE GND. I WAS IN VISUAL CONTACT WITH THE PASSING TFC AND I WANTED TO CLB ABOVE THE WAKE IF THERE WAS ANY. I STOPPED MY CLB UNTIL THE PASSING TFC CLRED AND THEN CONTINUED. BECAUSE I WAS OCCUPIED WITH THE PASSING TFC AND I COULD HEAR THE TWR WAS STILL BUSY, I COULD NOT CANCEL. THE TWR THEN TOLD ME TO TURN TO MY HDG AND CONTACT DEP. I WAS AT 3200 FT AT THIS TIME AND I TOLD DEP THAT I WAS VFR AND THEY TOLD ME TO NAV ON MY OWN AND GAVE ME A FREQ CHANGE AND A SQUAWK CHANGE. IT WAS THEN THAT DEP TOLD ME SOMETHING WAS WRONG BUT NOT WHAT. I DID NOT UNDERSTAND BECAUSE AT ALL TIMES I WAS IN VFR CONDITIONS (WITHIN A FEW MINS VNY RPTED VISIBILITY HAD CHANGED TO 2 1/2 MI WHICH IS WHAT I HAD AT MINIMUM DURING TKOF. PROB: I WAS GIVEN AN IFR CLRNC EVEN THOUGH I HAD ASKED (TWICE) FOR AN SVFR CLRNC. I CLBED ABOVE AN IFR CLBING RESTR BECAUSE I WAS IN VFR CONDITIONS AND WAS TRYING TO AVOID WAKE TURB. I APPARENTLY ACCEPTED AN IFR CLRNC. SOCAL RPTED THE ALT INFRINGEMENT. CORRECTIVE ACTION: I SHOULD REVIEW MY IFR AND SVFR PROCS. THE PERSON IN CLRNC SHOULD BE SCHOOLED IN LISTENING FOR IFR AND VFR CLRNC REQUESTS.

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.

Attributes
ACN	381730
Time
Date	199710
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : vny
State Reference	CA
Altitude	msl bound lower : 1700 msl bound upper : 1700
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : vny tower : vny tower : sea
Operator	general aviation : personal
Make Model Name	Amateur (Home) Built
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	other other : other pilot : commercial pilot : instrument pilot : private pilot : cfi
Experience	flight time last 90 days : 150 flight time total : 19500 flight time type : 10500
ASRS Report	381730
Person 2
Affiliation	government : faa
Function	controller : local
Qualification	controller : radar
Events
Anomaly	altitude deviation : overshoot non adherence : clearance other anomaly other other spatial deviation
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Pilot of a pitts S2B failed to follow IFR departure clearance altitude restrs due a misunderstanding that he believed that he had been given a standard SVFR clearance. However, he was confused by the non standard clearance given prior to takeoff which was not clarified prior to departure.