Narrative:

During preflight, ATIS reported few at 400 ft, 7000 ft scattered. After engine start, ATIS was updated to few at 400 ft, 700 scattered. It was obvious that WX was not VFR to west and southwest of the airport, but there were only high scattered clouds to the north, east, and southeast. A destination to the southeast was chosen to remain in VFR WX. Runway 25 was in use for small aircraft. When we called for takeoff clearance, the tower controller stated 'WX is deteriorating rapidly, now 400 ft scattered and 700 ft scattered, but still VFR. What are your intentions?' I stated that I would still like to take off but would 'need cooperation from departure to maintain VFR,' and asked if that would be a problem, since our original clearance was to maintain runway heading, and I could see that would get us into IFR WX just beyond the airport boundary. The tower controller replied only 'cleared for takeoff.' I assumed this to mean I could expect cooperation after takeoff to do whatever was necessary to maintain VFR. After takeoff, I stated, 'we need to make an immediate right turn to maintain VFR.' the tower controller said he could allow only a heading of 280 degrees or 190 degrees, and I stated that we could not do either VFR. The controller then said, 'cleared to land runway 25, make left traffic.' I flew a left crosswind and downwind at approximately 400 ft AGL just in and out of the bases of the clouds, while my student was fighting me trying to climb into them. As we were about to turn base, we were clear of the low clouds, and the controller asked if we would be able to maintain VFR to our destination. I stated that we would, and he cleared us to proceed on course and contact departure. Although there was in fact no real danger to the flight, both VFR cloud clrncs and MSA's (as specified in FARS) were compromised. I believe any of the following (in order of procedure) would have ameliorated the situation: 1) the tower controller should have explicitly answered my question as to cooperation in maintaining VFR. 2) I should have insisted on an explicit answer to my question about cooperation in maintaining VFR. 3) I should have made a turn to the right, exercising my emergency authority/authorized as PIC if necessary. 4) being instrument equipped, qualified, and current, I could have climbed into the clouds (since ATC was providing positive separation in the class C airspace) and told the controller that I needed an immediate IFR clearance to VFR conditions on top. I knew from what I had seen through breaks in the clouds and the horizontal view as the clouds approached that the tops of the low clouds were not very high.

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Original NASA ASRS Text

Title: C152 INSTRUCTOR PLT, WITH TRAINEE, TOOK OFF WHEN ARPT WX CONDITIONS WERE IFR AND WAS SUBSEQUENTLY ASSISTED BY THE TWR CTLR AROUND THE TFC PATTERN TO VFR CONDITIONS.

Narrative: DURING PREFLT, ATIS RPTED FEW AT 400 FT, 7000 FT SCATTERED. AFTER ENG START, ATIS WAS UPDATED TO FEW AT 400 FT, 700 SCATTERED. IT WAS OBVIOUS THAT WX WAS NOT VFR TO W AND SW OF THE ARPT, BUT THERE WERE ONLY HIGH SCATTERED CLOUDS TO THE N, E, AND SE. A DEST TO THE SE WAS CHOSEN TO REMAIN IN VFR WX. RWY 25 WAS IN USE FOR SMALL ACFT. WHEN WE CALLED FOR TKOF CLRNC, THE TWR CTLR STATED 'WX IS DETERIORATING RAPIDLY, NOW 400 FT SCATTERED AND 700 FT SCATTERED, BUT STILL VFR. WHAT ARE YOUR INTENTIONS?' I STATED THAT I WOULD STILL LIKE TO TAKE OFF BUT WOULD 'NEED COOPERATION FROM DEP TO MAINTAIN VFR,' AND ASKED IF THAT WOULD BE A PROB, SINCE OUR ORIGINAL CLRNC WAS TO MAINTAIN RWY HDG, AND I COULD SEE THAT WOULD GET US INTO IFR WX JUST BEYOND THE ARPT BOUNDARY. THE TWR CTLR REPLIED ONLY 'CLRED FOR TKOF.' I ASSUMED THIS TO MEAN I COULD EXPECT COOPERATION AFTER TKOF TO DO WHATEVER WAS NECESSARY TO MAINTAIN VFR. AFTER TKOF, I STATED, 'WE NEED TO MAKE AN IMMEDIATE R TURN TO MAINTAIN VFR.' THE TWR CTLR SAID HE COULD ALLOW ONLY A HDG OF 280 DEGS OR 190 DEGS, AND I STATED THAT WE COULD NOT DO EITHER VFR. THE CTLR THEN SAID, 'CLRED TO LAND RWY 25, MAKE L TFC.' I FLEW A L XWIND AND DOWNWIND AT APPROX 400 FT AGL JUST IN AND OUT OF THE BASES OF THE CLOUDS, WHILE MY STUDENT WAS FIGHTING ME TRYING TO CLB INTO THEM. AS WE WERE ABOUT TO TURN BASE, WE WERE CLR OF THE LOW CLOUDS, AND THE CTLR ASKED IF WE WOULD BE ABLE TO MAINTAIN VFR TO OUR DEST. I STATED THAT WE WOULD, AND HE CLRED US TO PROCEED ON COURSE AND CONTACT DEP. ALTHOUGH THERE WAS IN FACT NO REAL DANGER TO THE FLT, BOTH VFR CLOUD CLRNCS AND MSA'S (AS SPECIFIED IN FARS) WERE COMPROMISED. I BELIEVE ANY OF THE FOLLOWING (IN ORDER OF PROC) WOULD HAVE AMELIORATED THE SIT: 1) THE TWR CTLR SHOULD HAVE EXPLICITLY ANSWERED MY QUESTION AS TO COOPERATION IN MAINTAINING VFR. 2) I SHOULD HAVE INSISTED ON AN EXPLICIT ANSWER TO MY QUESTION ABOUT COOPERATION IN MAINTAINING VFR. 3) I SHOULD HAVE MADE A TURN TO THE R, EXERCISING MY EMER AUTH AS PIC IF NECESSARY. 4) BEING INST EQUIPPED, QUALIFIED, AND CURRENT, I COULD HAVE CLBED INTO THE CLOUDS (SINCE ATC WAS PROVIDING POSITIVE SEPARATION IN THE CLASS C AIRSPACE) AND TOLD THE CTLR THAT I NEEDED AN IMMEDIATE IFR CLRNC TO VFR CONDITIONS ON TOP. I KNEW FROM WHAT I HAD SEEN THROUGH BREAKS IN THE CLOUDS AND THE HORIZ VIEW AS THE CLOUDS APCHED THAT THE TOPS OF THE LOW CLOUDS WERE NOT VERY HIGH.

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.