Narrative:

I had filed IFR from st augustine, fl (sgj), to titusville, fl (tix). St augustine's AWOS was reporting 1200 ft scattered with 6 mi visibility. St augustine is in class G airspace from surface to 700 ft AGL and class east above. I raised jacksonville departure while on the ground at st augustine. The clearance I received was: 'depart VFR, fly east when able, expect no delay for radar identification, squawk XXXX.' I checked the cloud clearance visually and determined that I could climb to aprox 1000 ft AGL VFR. Now, at my home airport, departure radar can pick up a departure at about 400 ft AGL even though the control airport is about 40 mi away. I thought that I would have no problem being in radar contact before 1000 ft AGL. I accepted the clearance and departed. I switched back over to departure frequency at about 700 ft MSL. Jacksonville did not have me on their radar and told me to keep climbing. At 900 ft MSL, they still did not have me on their radar and asked me to reset the transponder. They still did not have a primary nor a secondary radar rtn on me and told me to remain VFR. I could not keep climbing and have VFR class east cloud clearance. At this point I was getting worried about being so far offshore and told jacksonville I was going to turn south parallel to the shoreline. They asked me to contact daytona beach (probably because I was too low). At this point I started holding off the shoreline because I did not want to bust daytona's airspace. I went back to jacksonvile and they gave me another frequency to try for daytona beach. I could not raise daytona beach on this frequency either. At this pont, the jacksonville controller said my only option was to go back to st augustine VFR, land and wait for him to clear some airspace so I could do an IFR climb. I decided to do this. I started back to st augustine at 900 ft MSL, which gave me legal class east cloud clearance. However, my path back to st augustine would require me to fly over a marina and some beachside houses. Now, I feel that this area does not qualify for the 'congested area' clause of 91.119 and that 900 ft MSL would be a legal altitude. However, as I was flying towards the area, I figured that I would more likely get a complaint from the inhabitants if I passed that low overhead. I also started doubting if my 'congested area' definition was the same as the FAA's. So, I decided to climb to 1100 ft MSL to ensure proper altitude with respect to 91.119. This, unfortunately, left me only about 300 ft below and 1000 ft to the side of the clouds. I remained at 1100 ft for only about 1.5 mi and, once I was past the inhabited area, descended back down to 800 ft MSL. Once back at st augustine, I received an IFR departure clearance from jacksonville, and the rest of the flight proceeded without any problems. I feel that I made two poor decisions. The first was to accept the 'depart VFR' clearance in MVFR conditions. The second was flying higher for the marina. However, should I have received a complaint from the marina, even though I fully believed that I was legal at 900 ft MSL, it would have been my word against theirs. (I figure if you can afford a house at a marina, then you can afford a costly legal battle as well.) I feel that the cltr used poor judgment in issuing a VFR clearance in MVFR conditions. Here are my humble suggestions to prevent this from happening again: controllers should not issue 'depart VFR' clrncs in MVFR conditions. Pilots should have access to what level AGL radar service is available at airports. When I departed IFR, jacksonville picked me up at 1400 ft MSL. If I had known that I would have to climb that high VFR, I would have refused the clearance. Perhaps this could be added to the a/FD. Airspace classifications should be better depicted on the low enroute chart. It is a hassle to have both the low enroute chart and a VFR chart open.

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Original NASA ASRS Text

Title: PA28 PLT FAILED TO MAINTAIN VFR IN CLASS E AIRSPACE WHEN HE CLIMBED TO WITHIN 300 FT OF AN OVERCAST DURING A VFR FLT RETURNING TO A NON CONTROLLED ARPT FOR AN IFR CLIMB CLRNC.

Narrative: I HAD FILED IFR FROM ST AUGUSTINE, FL (SGJ), TO TITUSVILLE, FL (TIX). ST AUGUSTINE'S AWOS WAS RPTING 1200 FT SCATTERED WITH 6 MI VISIBILITY. ST AUGUSTINE IS IN CLASS G AIRSPACE FROM SURFACE TO 700 FT AGL AND CLASS E ABOVE. I RAISED JACKSONVILLE DEP WHILE ON THE GND AT ST AUGUSTINE. THE CLRNC I RECEIVED WAS: 'DEPART VFR, FLY EAST WHEN ABLE, EXPECT NO DELAY FOR RADAR IDENTIFICATION, SQUAWK XXXX.' I CHECKED THE CLOUD CLRNC VISUALLY AND DETERMINED THAT I COULD CLIMB TO APROX 1000 FT AGL VFR. NOW, AT MY HOME ARPT, DEP RADAR CAN PICK UP A DEP AT ABOUT 400 FT AGL EVEN THOUGH THE CTL ARPT IS ABOUT 40 MI AWAY. I THOUGHT THAT I WOULD HAVE NO PROB BEING IN RADAR CONTACT BEFORE 1000 FT AGL. I ACCEPTED THE CLRNC AND DEPARTED. I SWITCHED BACK OVER TO DEP FREQ AT ABOUT 700 FT MSL. JACKSONVILLE DID NOT HAVE ME ON THEIR RADAR AND TOLD ME TO KEEP CLIMBING. AT 900 FT MSL, THEY STILL DID NOT HAVE ME ON THEIR RADAR AND ASKED ME TO RESET THE TRANSPONDER. THEY STILL DID NOT HAVE A PRIMARY NOR A SECONDARY RADAR RTN ON ME AND TOLD ME TO REMAIN VFR. I COULD NOT KEEP CLIMBING AND HAVE VFR CLASS E CLOUD CLRNC. AT THIS POINT I WAS GETTING WORRIED ABOUT BEING SO FAR OFFSHORE AND TOLD JACKSONVILLE I WAS GOING TO TURN SOUTH PARALLEL TO THE SHORELINE. THEY ASKED ME TO CONTACT DAYTONA BEACH (PROBABLY BECAUSE I WAS TOO LOW). AT THIS POINT I STARTED HOLDING OFF THE SHORELINE BECAUSE I DID NOT WANT TO BUST DAYTONA'S AIRSPACE. I WENT BACK TO JACKSONVILE AND THEY GAVE ME ANOTHER FREQ TO TRY FOR DAYTONA BEACH. I COULD NOT RAISE DAYTONA BEACH ON THIS FREQ EITHER. AT THIS PONT, THE JACKSONVILLE CTLR SAID MY ONLY OPTION WAS TO GO BACK TO ST AUGUSTINE VFR, LAND AND WAIT FOR HIM TO CLR SOME AIRSPACE SO I COULD DO AN IFR CLIMB. I DECIDED TO DO THIS. I STARTED BACK TO ST AUGUSTINE AT 900 FT MSL, WHICH GAVE ME LEGAL CLASS E CLOUD CLRNC. HOWEVER, MY PATH BACK TO ST AUGUSTINE WOULD REQUIRE ME TO FLY OVER A MARINA AND SOME BEACHSIDE HOUSES. NOW, I FEEL THAT THIS AREA DOES NOT QUALIFY FOR THE 'CONGESTED AREA' CLAUSE OF 91.119 AND THAT 900 FT MSL WOULD BE A LEGAL ALT. HOWEVER, AS I WAS FLYING TOWARDS THE AREA, I FIGURED THAT I WOULD MORE LIKELY GET A COMPLAINT FROM THE INHABITANTS IF I PASSED THAT LOW OVERHEAD. I ALSO STARTED DOUBTING IF MY 'CONGESTED AREA' DEFINITION WAS THE SAME AS THE FAA'S. SO, I DECIDED TO CLIMB TO 1100 FT MSL TO ENSURE PROPER ALT WITH RESPECT TO 91.119. THIS, UNFORTUNATELY, LEFT ME ONLY ABOUT 300 FT BELOW AND 1000 FT TO THE SIDE OF THE CLOUDS. I REMAINED AT 1100 FT FOR ONLY ABOUT 1.5 MI AND, ONCE I WAS PAST THE INHABITED AREA, DESCENDED BACK DOWN TO 800 FT MSL. ONCE BACK AT ST AUGUSTINE, I RECEIVED AN IFR DEP CLRNC FROM JACKSONVILLE, AND THE REST OF THE FLT PROCEEDED WITHOUT ANY PROBLEMS. I FEEL THAT I MADE TWO POOR DECISIONS. THE FIRST WAS TO ACCEPT THE 'DEPART VFR' CLRNC IN MVFR CONDITIONS. THE SECOND WAS FLYING HIGHER FOR THE MARINA. HOWEVER, SHOULD I HAVE RECEIVED A COMPLAINT FROM THE MARINA, EVEN THOUGH I FULLY BELIEVED THAT I WAS LEGAL AT 900 FT MSL, IT WOULD HAVE BEEN MY WORD AGAINST THEIRS. (I FIGURE IF YOU CAN AFFORD A HOUSE AT A MARINA, THEN YOU CAN AFFORD A COSTLY LEGAL BATTLE AS WELL.) I FEEL THAT THE CLTR USED POOR JUDGMENT IN ISSUING A VFR CLRNC IN MVFR CONDITIONS. HERE ARE MY HUMBLE SUGGESTIONS TO PREVENT THIS FROM HAPPENING AGAIN: CTLRS SHOULD NOT ISSUE 'DEPART VFR' CLRNCS IN MVFR CONDITIONS. PLTS SHOULD HAVE ACCESS TO WHAT LEVEL AGL RADAR SVC IS AVAILABLE AT ARPTS. WHEN I DEPARTED IFR, JACKSONVILLE PICKED ME UP AT 1400 FT MSL. IF I HAD KNOWN THAT I WOULD HAVE TO CLIMB THAT HIGH VFR, I WOULD HAVE REFUSED THE CLRNC. PERHAPS THIS COULD BE ADDED TO THE A/FD. AIRSPACE CLASSIFICATIONS SHOULD BE BETTER DEPICTED ON THE LOW ENROUTE CHART. IT IS A HASSLE TO HAVE BOTH THE LOW ENROUTE CHART AND A VFR CHART OPEN.

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.