BE100 pilot climbed VFR into IMC without IFR clearance.

Attributes
ACN	434965
Time
Date	199904
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : atl.airport
State Reference	GA
Altitude	msl bound lower : 3000 msl bound upper : 14500
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : ztl.artcc tracon : atl.tracon tower : lzu.tower
Operator	general aviation : corporate
Make Model Name	King Air 100 A/B
Operating Under FAR Part	Part 91
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : single pilot
Qualification	pilot : cfi pilot : commercial pilot : instrument pilot : multi engine
Experience	flight time last 90 days : 750 flight time total : 1650 flight time type : 350
ASRS Report	434965
Person 2
Affiliation	government : faa
Function	controller : local
Qualification	controller : non radar
Events
Anomaly	airspace violation : entry inflight encounter : vfr in imc inflight encounter : weather non adherence : far
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took precautionary avoidance action
Supplementary
Problem Areas	Airport Airspace Structure ATC Human Performance Flight Crew Human Performance Weather
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

At lzu we taxied out for departure, #3 in line. 2 aircraft ahead were bound for same destination (asn). At hold line, tower advised ground hold for asn update in 15 mins. Taxied back and shut down. Tower called in 15 mins and advised of 1 hour ground hold at asn. The ceiling was improving at lzu, and I asked the tower if the field was VFR, as now there were several aircraft in the pattern doing touch-and-goes. I was told it was, and we discussed taking off VFR and opening IFR clearance in the air. I estimated the clouds to be 2500 ft AGL and decided to reload passenger and takeoff. I departed lzu and climbed out to 3000 ft, contacted atl approach and requested IFR clearance to asn. Approach said he was busy and to remain VFR. We remained VFR at 3000 ft for approximately 2 mins and I called and asked for clearance again. He replied he was too busy, and I wasn't supposed to have taken off yet. I did depart VFR, so I was confused by this. I called one last time and requested an immediate climb to higher altitude. No response from ATC. At this time we were pointed towards the buildings and antennae of downtown atlanta, and also 2 control zones of pdk and mge, so I felt it would be better to climb in clouds and put altitude between myself and the ground. I topped the clouds at around 9000 ft and got into the clear. I believed that my track would have put me into the 8000-12500 ft ring of atl class B airspace, so I climbed VFR to 14500 ft to get out of the top of the class B. At 14500 ft I contacted ZTL and tried to open my IFR again. He gave me another frequency, and I was able to open my flight plan. From this point on, it was a normal flight. In looking back, I felt we would have adequate time to open our flight plan. I did not anticipate atl approach being as busy as he was. I was prepared to declare an emergency about the time atl would not respond. I felt I had to deviate for safety sake. I had but 2 options after I got airborne: either to stay low and possibly hit something, or to go up and get clear of everything. I felt going up was the quickest and best option.

Original NASA ASRS Text

Title: BE100 PLT CLBED VFR INTO IMC WITHOUT IFR CLRNC.

Narrative: AT LZU WE TAXIED OUT FOR DEP, #3 IN LINE. 2 ACFT AHEAD WERE BOUND FOR SAME DEST (ASN). AT HOLD LINE, TWR ADVISED GND HOLD FOR ASN UPDATE IN 15 MINS. TAXIED BACK AND SHUT DOWN. TWR CALLED IN 15 MINS AND ADVISED OF 1 HR GND HOLD AT ASN. THE CEILING WAS IMPROVING AT LZU, AND I ASKED THE TWR IF THE FIELD WAS VFR, AS NOW THERE WERE SEVERAL ACFT IN THE PATTERN DOING TOUCH-AND-GOES. I WAS TOLD IT WAS, AND WE DISCUSSED TAKING OFF VFR AND OPENING IFR CLRNC IN THE AIR. I ESTIMATED THE CLOUDS TO BE 2500 FT AGL AND DECIDED TO RELOAD PAX AND TKOF. I DEPARTED LZU AND CLBED OUT TO 3000 FT, CONTACTED ATL APCH AND REQUESTED IFR CLRNC TO ASN. APCH SAID HE WAS BUSY AND TO REMAIN VFR. WE REMAINED VFR AT 3000 FT FOR APPROX 2 MINS AND I CALLED AND ASKED FOR CLRNC AGAIN. HE REPLIED HE WAS TOO BUSY, AND I WASN'T SUPPOSED TO HAVE TAKEN OFF YET. I DID DEPART VFR, SO I WAS CONFUSED BY THIS. I CALLED ONE LAST TIME AND REQUESTED AN IMMEDIATE CLB TO HIGHER ALT. NO RESPONSE FROM ATC. AT THIS TIME WE WERE POINTED TOWARDS THE BUILDINGS AND ANTENNAE OF DOWNTOWN ATLANTA, AND ALSO 2 CTL ZONES OF PDK AND MGE, SO I FELT IT WOULD BE BETTER TO CLB IN CLOUDS AND PUT ALT BTWN MYSELF AND THE GND. I TOPPED THE CLOUDS AT AROUND 9000 FT AND GOT INTO THE CLR. I BELIEVED THAT MY TRACK WOULD HAVE PUT ME INTO THE 8000-12500 FT RING OF ATL CLASS B AIRSPACE, SO I CLBED VFR TO 14500 FT TO GET OUT OF THE TOP OF THE CLASS B. AT 14500 FT I CONTACTED ZTL AND TRIED TO OPEN MY IFR AGAIN. HE GAVE ME ANOTHER FREQ, AND I WAS ABLE TO OPEN MY FLT PLAN. FROM THIS POINT ON, IT WAS A NORMAL FLT. IN LOOKING BACK, I FELT WE WOULD HAVE ADEQUATE TIME TO OPEN OUR FLT PLAN. I DID NOT ANTICIPATE ATL APCH BEING AS BUSY AS HE WAS. I WAS PREPARED TO DECLARE AN EMER ABOUT THE TIME ATL WOULD NOT RESPOND. I FELT I HAD TO DEVIATE FOR SAFETY SAKE. I HAD BUT 2 OPTIONS AFTER I GOT AIRBORNE: EITHER TO STAY LOW AND POSSIBLY HIT SOMETHING, OR TO GO UP AND GET CLR OF EVERYTHING. I FELT GOING UP WAS THE QUICKEST AND BEST OPTION.

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.