Narrative:

Prior to departing st thomas, vi, all en route WX and NOTAMS were checked by calling 1800WXBRIEF twice before departure. There were no adverse WX or NOTAMS that would limit the planned flight. A flight plan was filed with the authority/authorized at st thomas and the flight was initiated by calling st thomas ground control. Ground control advised that there would be a minimum 2- hour delay on the taxiway before we can depart. A request was made to the tower to see if we can depart VFR and pick up our IFR clearance. The tower controller advised that shouldn't be a problem and san juan should have our clearance about 15-20 mi north of the st thomas airport. With that information and no adverse advisories that would limit our departure, I made the decision to depart. At that time, a clearance was received to depart VFR and climb to 3000 ft was complied with. The tower controller instructed to contact san juan center and a frequency change was made to them. We were given radar contact. A reply was made and a further request was made to pick up our IFR clearance. San juan instructed me to climb in VFR conditions and would get back to me. At about 20 mi north of st thomas, another request was made for our clearance and we were told to maintain VFR at 16500 ft and they will get back to us. At this time it became apparent that the traffic conditions in the area was saturated and complicated due to the closure of st marten as well as the controllers being overloaded and to return to st thomas and discontinue the flight could not be accomplished safely. I elected to continue the flight to destination. I instructed the first officer to monitor for air traffic and maintain contact with san juan. Numerous calls were made to san juan to pick up our IFR flight plan. All efforts to this effect were unsuccessful. At a point about 45 mi southeast of kraft intersection it was apparent that san juan was unable to read our xmissions. Another aircraft made a relay and we were instructed not to proceed north of the kraft intersection. At that point, I instructed the first officer to call new york on HF. Numerous attempts were made prior to reaching kraft. Upon reaching kraft, I made a turn to the south to try and reestablish contact with san juan and was unsuccessful. The first officer advised me that to continue north of kraft above 6000 ft will put us in positive control airspace. I told the first officer that I am exercising my duty as PIC to maintain safety of flight and due the extremis of the situation I deviated from regulation to safely continue the flight to an alternate destination. At that time, I set up a course to bermuda. At a point north of kraft, contact was made with new york commercial radio, and a request for clearance to the original planned destination made. We were informed that san juan wanted us to remain at kraft intersection. I am uncertain if they wanted us to continue back to st thomas, but I refused to do that because we might have a minimum fuel situation if all of the previous conditions existed. We were subsequently told that we could be cleared to bermuda and received a clearance to maintain 28000 ft. The flight continued safely to bermuda without further incident.

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Original NASA ASRS Text

Title: C650 DEP FROM ST THOMAS, DEPARTS VFR FOR IFR PICK UP, ENTERS PCA WITHOUT ATC CLRNC.

Narrative: PRIOR TO DEPARTING ST THOMAS, VI, ALL ENRTE WX AND NOTAMS WERE CHKED BY CALLING 1800WXBRIEF TWICE BEFORE DEP. THERE WERE NO ADVERSE WX OR NOTAMS THAT WOULD LIMIT THE PLANNED FLT. A FLT PLAN WAS FILED WITH THE AUTH AT ST THOMAS AND THE FLT WAS INITIATED BY CALLING ST THOMAS GND CTL. GND CTL ADVISED THAT THERE WOULD BE A MINIMUM 2- HR DELAY ON THE TXWY BEFORE WE CAN DEPART. A REQUEST WAS MADE TO THE TWR TO SEE IF WE CAN DEPART VFR AND PICK UP OUR IFR CLRNC. THE TWR CTLR ADVISED THAT SHOULDN'T BE A PROB AND SAN JUAN SHOULD HAVE OUR CLRNC ABOUT 15-20 MI N OF THE ST THOMAS ARPT. WITH THAT INFO AND NO ADVERSE ADVISORIES THAT WOULD LIMIT OUR DEP, I MADE THE DECISION TO DEPART. AT THAT TIME, A CLRNC WAS RECEIVED TO DEPART VFR AND CLB TO 3000 FT WAS COMPLIED WITH. THE TWR CTLR INSTRUCTED TO CONTACT SAN JUAN CTR AND A FREQ CHANGE WAS MADE TO THEM. WE WERE GIVEN RADAR CONTACT. A REPLY WAS MADE AND A FURTHER REQUEST WAS MADE TO PICK UP OUR IFR CLRNC. SAN JUAN INSTRUCTED ME TO CLB IN VFR CONDITIONS AND WOULD GET BACK TO ME. AT ABOUT 20 MI N OF ST THOMAS, ANOTHER REQUEST WAS MADE FOR OUR CLRNC AND WE WERE TOLD TO MAINTAIN VFR AT 16500 FT AND THEY WILL GET BACK TO US. AT THIS TIME IT BECAME APPARENT THAT THE TFC CONDITIONS IN THE AREA WAS SATURATED AND COMPLICATED DUE TO THE CLOSURE OF ST MARTEN AS WELL AS THE CTLRS BEING OVERLOADED AND TO RETURN TO ST THOMAS AND DISCONTINUE THE FLT COULD NOT BE ACCOMPLISHED SAFELY. I ELECTED TO CONTINUE THE FLT TO DEST. I INSTRUCTED THE FO TO MONITOR FOR AIR TFC AND MAINTAIN CONTACT WITH SAN JUAN. NUMEROUS CALLS WERE MADE TO SAN JUAN TO PICK UP OUR IFR FLT PLAN. ALL EFFORTS TO THIS EFFECT WERE UNSUCCESSFUL. AT A POINT ABOUT 45 MI SE OF KRAFT INTXN IT WAS APPARENT THAT SAN JUAN WAS UNABLE TO READ OUR XMISSIONS. ANOTHER ACFT MADE A RELAY AND WE WERE INSTRUCTED NOT TO PROCEED N OF THE KRAFT INTXN. AT THAT POINT, I INSTRUCTED THE FO TO CALL NEW YORK ON HF. NUMEROUS ATTEMPTS WERE MADE PRIOR TO REACHING KRAFT. UPON REACHING KRAFT, I MADE A TURN TO THE S TO TRY AND REESTABLISH CONTACT WITH SAN JUAN AND WAS UNSUCCESSFUL. THE FO ADVISED ME THAT TO CONTINUE N OF KRAFT ABOVE 6000 FT WILL PUT US IN POSITIVE CTL AIRSPACE. I TOLD THE FO THAT I AM EXERCISING MY DUTY AS PIC TO MAINTAIN SAFETY OF FLT AND DUE THE EXTREMIS OF THE SIT I DEVIATED FROM REG TO SAFELY CONTINUE THE FLT TO AN ALTERNATE DEST. AT THAT TIME, I SET UP A COURSE TO BERMUDA. AT A POINT N OF KRAFT, CONTACT WAS MADE WITH NEW YORK COMMERCIAL RADIO, AND A REQUEST FOR CLRNC TO THE ORIGINAL PLANNED DEST MADE. WE WERE INFORMED THAT SAN JUAN WANTED US TO REMAIN AT KRAFT INTXN. I AM UNCERTAIN IF THEY WANTED US TO CONTINUE BACK TO ST THOMAS, BUT I REFUSED TO DO THAT BECAUSE WE MIGHT HAVE A MINIMUM FUEL SIT IF ALL OF THE PREVIOUS CONDITIONS EXISTED. WE WERE SUBSEQUENTLY TOLD THAT WE COULD BE CLRED TO BERMUDA AND RECEIVED A CLRNC TO MAINTAIN 28000 FT. THE FLT CONTINUED SAFELY TO BERMUDA WITHOUT FURTHER INCIDENT.

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.