C210 departs cec with a ZSE VFR on top climb clearance. Not canceling IFR, pilot is reclred direct s...

Attributes
ACN	445528
Time
Date	199908
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : cec.vortac
State Reference	CA
Altitude	msl bound lower : 3000 msl bound upper : 4000
Environment
Flight Conditions	IMC
Weather Elements	Fog
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zse.artcc artcc : zoa.artcc tower : sts.tower
Operator	general aviation : personal
Make Model Name	Cessna 210 Centurion / Turbo Centurion 210C, 210D
Operating Under FAR Part	Part 91
Flight Phase	climbout : vacating altitude
Route In Use	departure : other published ifr departure enroute : direct
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : multi engine pilot : commercial pilot : cfi pilot : instrument
Experience	flight time last 90 days : 45 flight time total : 4000 flight time type : 2000
ASRS Report	445528
Person 2
Affiliation	government : faa
Function	other personnel
Qualification	other
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : published procedure non adherence : clearance
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Weather Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

There is possibly some confusion about clrncs to VFR on top when one simply wants out of an area of low stratus, etc. I was in cec, a non-controled class east airport where the ceiling was about 1200 ft but VFR below. I needed to get above to fly south to sts. I called oakland FSS on the phone and asked what the departure (IFR) procedure was at cec. He said to give him my request and once I was ready to go, to call oak radio on 122.3 for my clearance. I explained I just wanted to get 'on top' and all he took was my 'north' number and ETD. I called oak radio on 122.3 and she gave me the standard published cec departure which was to climb out and then turn back to the VOR, to advise ZSE on 124.85 when 'on top' and to maintain 3000 ft and if not 'on top' by 3000 ft to advise. She also gave me a code. This is where the misunderstanding comes in. After entering the clouds I turned back to the VOR and actually broke out at about 2500 ft. During this maneuver I contacted seattle and she said she had radar contact and to call her when I was 'on top.' I assumed this exchange was actually a clearance to continue my climb and removed the 3000 ft restr assuming she was not concerned with traffic conflict at that time. 'On top' to me means 1000 ft above the deck in controled airspace. By the time I was able to make contact with her, I was at 4000 ft and reported that I was officially 'on top' heading direct sts. I am not sure why, but she cleared me direct to sts. I had not filed an IFR flight plan, but both ZSE and ZOA handled the flight that way even though we were at a VFR on top altitude of 9500 ft. A tower controller at sts told me, when questioned, that having me in radar contact and asking me to report when 'on top' is not a clearance to climb through the altitude restr given on the ground. Also I find many pilots think they are 'on top' the min they break through the cloud deck...too many. It would be great if GA pilots could receive an informative circular about this procedure.

Original NASA ASRS Text

Title: C210 DEPARTS CEC WITH A ZSE VFR ON TOP CLB CLRNC. NOT CANCELING IFR, PLT IS RECLRED DIRECT STS WITH HDOF TO ZOA. INCIDENT DISCUSSED AT STS.

Narrative: THERE IS POSSIBLY SOME CONFUSION ABOUT CLRNCS TO VFR ON TOP WHEN ONE SIMPLY WANTS OUT OF AN AREA OF LOW STRATUS, ETC. I WAS IN CEC, A NON-CTLED CLASS E ARPT WHERE THE CEILING WAS ABOUT 1200 FT BUT VFR BELOW. I NEEDED TO GET ABOVE TO FLY S TO STS. I CALLED OAKLAND FSS ON THE PHONE AND ASKED WHAT THE DEP (IFR) PROC WAS AT CEC. HE SAID TO GIVE HIM MY REQUEST AND ONCE I WAS READY TO GO, TO CALL OAK RADIO ON 122.3 FOR MY CLRNC. I EXPLAINED I JUST WANTED TO GET 'ON TOP' AND ALL HE TOOK WAS MY 'N' NUMBER AND ETD. I CALLED OAK RADIO ON 122.3 AND SHE GAVE ME THE STANDARD PUBLISHED CEC DEP WHICH WAS TO CLB OUT AND THEN TURN BACK TO THE VOR, TO ADVISE ZSE ON 124.85 WHEN 'ON TOP' AND TO MAINTAIN 3000 FT AND IF NOT 'ON TOP' BY 3000 FT TO ADVISE. SHE ALSO GAVE ME A CODE. THIS IS WHERE THE MISUNDERSTANDING COMES IN. AFTER ENTERING THE CLOUDS I TURNED BACK TO THE VOR AND ACTUALLY BROKE OUT AT ABOUT 2500 FT. DURING THIS MANEUVER I CONTACTED SEATTLE AND SHE SAID SHE HAD RADAR CONTACT AND TO CALL HER WHEN I WAS 'ON TOP.' I ASSUMED THIS EXCHANGE WAS ACTUALLY A CLRNC TO CONTINUE MY CLB AND REMOVED THE 3000 FT RESTR ASSUMING SHE WAS NOT CONCERNED WITH TFC CONFLICT AT THAT TIME. 'ON TOP' TO ME MEANS 1000 FT ABOVE THE DECK IN CTLED AIRSPACE. BY THE TIME I WAS ABLE TO MAKE CONTACT WITH HER, I WAS AT 4000 FT AND RPTED THAT I WAS OFFICIALLY 'ON TOP' HEADING DIRECT STS. I AM NOT SURE WHY, BUT SHE CLRED ME DIRECT TO STS. I HAD NOT FILED AN IFR FLT PLAN, BUT BOTH ZSE AND ZOA HANDLED THE FLT THAT WAY EVEN THOUGH WE WERE AT A VFR ON TOP ALT OF 9500 FT. A TWR CTLR AT STS TOLD ME, WHEN QUESTIONED, THAT HAVING ME IN RADAR CONTACT AND ASKING ME TO RPT WHEN 'ON TOP' IS NOT A CLRNC TO CLB THROUGH THE ALT RESTR GIVEN ON THE GND. ALSO I FIND MANY PLTS THINK THEY ARE 'ON TOP' THE MIN THEY BREAK THROUGH THE CLOUD DECK...TOO MANY. IT WOULD BE GREAT IF GA PLTS COULD RECEIVE AN INFORMATIVE CIRCULAR ABOUT THIS PROC.

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.

C210 departs cec with a ZSE VFR on top climb clearance. Not canceling IFR, pilot is reclred direct sts with handoff to ZOA. Incident discussed at sts.