Pilot of an small aircraft at 17500 ft encounters cloud build-ups and turbulence. He requests and is...

Narrative:

While proceeding northbound, VFR, at 17500 ft north of rdu, I encountered a build-up that appeared to be at or below my level. Upon getting closer, I encountered heavy chop and saw that I was going to fly into the cloud bank. These were early forming thunderheads. I had been in touch with ZDC for the prior 1/2 hour advising him of my altitude and position. I called him and requested permission to climb above FL185 and was given permission to do so. I climbed slightly and then was caught by a strong updraft and ended up at FL190. Realizing that at this point, I was still going to go into the cloud bank, I called again to get specific clearance and file for a flight plan to proceed into controled airspace. At that point, the controller acted surprised and stated 'you're not supposed to be above FL180 without a flight plan.' I already knew that, but had every reason to believe that I was proceeding with his permission since we were in constant contact with each other, he had given me an assigned transponder code and I had oral permission to get over what appeared to be a limited build-up. At this point, he angrily gave me a machine gun delivery of a clearance which I had to have him repeat. He seemed quite annoyed when he had to repeat it. This incident could have been prevented if, when I advised him that I was VFR and needed to proceed above FL180, he could have responded that he could not do so without granting me a clearance. That would have been much more preferable than allowing me to go above FL180 and then admonishing me for doing so. If the controller hears that the pilot is going to do something that the controller knows he has to have clearance to do (even though the pilot is still in contact with the controller and already has an assigned transponder code), the controller should transmit the restr to the pilot rather than letting the pilot proceed into 'forbidden airspace' and then admonishing him for doing so.

Original NASA ASRS Text

Title: PLT OF AN SMA AT 17500 FT ENCOUNTERS CLOUD BUILD-UPS AND TURB. HE REQUESTS AND IS GRANTED PERMISSION TO CLB ABOVE FL180 AND ISSUED XPONDER CODE. WHEN TRYING TO FILE IFR, PLT IS ADMONISHED BY CTLR FOR BEING ABOVE FL180 WITHOUT A CLRNC.

Narrative: WHILE PROCEEDING NBOUND, VFR, AT 17500 FT N OF RDU, I ENCOUNTERED A BUILD-UP THAT APPEARED TO BE AT OR BELOW MY LEVEL. UPON GETTING CLOSER, I ENCOUNTERED HVY CHOP AND SAW THAT I WAS GOING TO FLY INTO THE CLOUD BANK. THESE WERE EARLY FORMING THUNDERHEADS. I HAD BEEN IN TOUCH WITH ZDC FOR THE PRIOR 1/2 HR ADVISING HIM OF MY ALT AND POS. I CALLED HIM AND REQUESTED PERMISSION TO CLB ABOVE FL185 AND WAS GIVEN PERMISSION TO DO SO. I CLBED SLIGHTLY AND THEN WAS CAUGHT BY A STRONG UPDRAFT AND ENDED UP AT FL190. REALIZING THAT AT THIS POINT, I WAS STILL GOING TO GO INTO THE CLOUD BANK, I CALLED AGAIN TO GET SPECIFIC CLRNC AND FILE FOR A FLT PLAN TO PROCEED INTO CTLED AIRSPACE. AT THAT POINT, THE CTLR ACTED SURPRISED AND STATED 'YOU'RE NOT SUPPOSED TO BE ABOVE FL180 WITHOUT A FLT PLAN.' I ALREADY KNEW THAT, BUT HAD EVERY REASON TO BELIEVE THAT I WAS PROCEEDING WITH HIS PERMISSION SINCE WE WERE IN CONSTANT CONTACT WITH EACH OTHER, HE HAD GIVEN ME AN ASSIGNED XPONDER CODE AND I HAD ORAL PERMISSION TO GET OVER WHAT APPEARED TO BE A LIMITED BUILD-UP. AT THIS POINT, HE ANGRILY GAVE ME A MACHINE GUN DELIVERY OF A CLRNC WHICH I HAD TO HAVE HIM REPEAT. HE SEEMED QUITE ANNOYED WHEN HE HAD TO REPEAT IT. THIS INCIDENT COULD HAVE BEEN PREVENTED IF, WHEN I ADVISED HIM THAT I WAS VFR AND NEEDED TO PROCEED ABOVE FL180, HE COULD HAVE RESPONDED THAT HE COULD NOT DO SO WITHOUT GRANTING ME A CLRNC. THAT WOULD HAVE BEEN MUCH MORE PREFERABLE THAN ALLOWING ME TO GO ABOVE FL180 AND THEN ADMONISHING ME FOR DOING SO. IF THE CTLR HEARS THAT THE PLT IS GOING TO DO SOMETHING THAT THE CTLR KNOWS HE HAS TO HAVE CLRNC TO DO (EVEN THOUGH THE PLT IS STILL IN CONTACT WITH THE CTLR AND ALREADY HAS AN ASSIGNED XPONDER CODE), THE CTLR SHOULD XMIT THE RESTR TO THE PLT RATHER THAN LETTING THE PLT PROCEED INTO 'FORBIDDEN AIRSPACE' AND THEN ADMONISHING HIM FOR DOING SO.

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	418549
Time
Date	199810
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : rdu
State Reference	NC
Altitude	msl bound lower : 17500 msl bound upper : 19000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument
Experience	flight time last 90 days : 15 flight time total : 3000 flight time type : 1000
ASRS Report	418549
Person 2
Affiliation	government : faa
Function	controller : radar
Events
Anomaly	inflight encounter : weather non adherence : far other anomaly other other anomaly other
Independent Detector	other controllera
Consequence	Other
Supplementary
Air Traffic Incident	Pilot Deviation

Pilot of an small aircraft at 17500 ft encounters cloud build-ups and turbulence. He requests and is granted permission to climb above FL180 and issued transponder code. When trying to file IFR, pilot is admonished by controller for being above FL180 without a clearance.