Narrative:

I requested clearance for transition, east to west, along the northern edge of the class D airspace and the tower replied that the field had gone IFR and that the transition could not be approved. My first intent was to circle the class D airspace to the north and continue on course along the airway (V34), but since actual WX conditions were lower than forecast, I decided not to search for VFR conditions due to the deteriorating sky conditions, but to land and get an update to my last briefing from FSS by telephone so as to complete the flight safely. I requested a visual approach to land and was told that the tower could not approve the clearance. Since I had already made the decision to discontinue the flight in the interest of flight safety, and since there was no other traffic, I declared an emergency so as to be able to obtain a clearance to land. When on the ground, the tower controller told me on the phone that he could not authority/authorized a 'visual approach' but could have authority/authorized a 'SVFR clearance.' I asked him why he didn't offer the SVFR clearance, he said that his instructions were to not offer anything to the pilot, just respond to requests and that this restr was to protect the FAA from legal liability in case an accident occurred! Another pilot, operating with the assumption that the declaration of an emergency would cause a good deal of hassle and paperwork, might have been intimidated and have dangerously decided to continue the flight. Reasonable legal protection for the FAA should be achieved without creating adverse effects to flight safety. As 'captain of the ship,' I assume responsibility for the safe operation of my flight, however, the FAA should assume overall responsibility for flying safety. Because of the number of accidents caused by continued VFR flight into IMC, NASA should encourage the FAA to study their procedures to ensure that the enthusiasm of their attorneys to protect the administration from legal liability does not interfere with flight safety responsibilities. Callback conversation with reporter revealed the following information: reporter stated he was disappointed with the tower local controller's response to his predicament flying in IFR WX and wanting to land. He said he has been flying a long time and admitted he should have made a proper request for an SVFR clearance. He thinks the controller could have been a little more helpful than he was. He said he received a WX briefing from FSS before departing which indicated good conditions would prevail. He called the FSS after landing to provide a PIREP and was told an amended forecast had been issued after he departed.

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Original NASA ASRS Text

Title: C177 PLT ENCOUNTERS MARGINAL VFR AND CONTACTS OXC TWR, A FEDERAL CTL TWR, FOR A VISUAL APCH BUT WAS REFUSED AND TOLD THAT THE FIELD WAS IFR. THE PLT THEN DECLARED AN EMER AND LANDED SAFETY.

Narrative: I REQUESTED CLRNC FOR TRANSITION, E TO W, ALONG THE NORTHERN EDGE OF THE CLASS D AIRSPACE AND THE TWR REPLIED THAT THE FIELD HAD GONE IFR AND THAT THE TRANSITION COULD NOT BE APPROVED. MY FIRST INTENT WAS TO CIRCLE THE CLASS D AIRSPACE TO THE N AND CONTINUE ON COURSE ALONG THE AIRWAY (V34), BUT SINCE ACTUAL WX CONDITIONS WERE LOWER THAN FORECAST, I DECIDED NOT TO SEARCH FOR VFR CONDITIONS DUE TO THE DETERIORATING SKY CONDITIONS, BUT TO LAND AND GET AN UPDATE TO MY LAST BRIEFING FROM FSS BY TELEPHONE SO AS TO COMPLETE THE FLT SAFELY. I REQUESTED A VISUAL APCH TO LAND AND WAS TOLD THAT THE TWR COULD NOT APPROVE THE CLRNC. SINCE I HAD ALREADY MADE THE DECISION TO DISCONTINUE THE FLT IN THE INTEREST OF FLT SAFETY, AND SINCE THERE WAS NO OTHER TFC, I DECLARED AN EMER SO AS TO BE ABLE TO OBTAIN A CLRNC TO LAND. WHEN ON THE GND, THE TWR CTLR TOLD ME ON THE PHONE THAT HE COULD NOT AUTH A 'VISUAL APCH' BUT COULD HAVE AUTH A 'SVFR CLRNC.' I ASKED HIM WHY HE DIDN'T OFFER THE SVFR CLRNC, HE SAID THAT HIS INSTRUCTIONS WERE TO NOT OFFER ANYTHING TO THE PLT, JUST RESPOND TO REQUESTS AND THAT THIS RESTR WAS TO PROTECT THE FAA FROM LEGAL LIABILITY IN CASE AN ACCIDENT OCCURRED! ANOTHER PLT, OPERATING WITH THE ASSUMPTION THAT THE DECLARATION OF AN EMER WOULD CAUSE A GOOD DEAL OF HASSLE AND PAPERWORK, MIGHT HAVE BEEN INTIMIDATED AND HAVE DANGEROUSLY DECIDED TO CONTINUE THE FLT. REASONABLE LEGAL PROTECTION FOR THE FAA SHOULD BE ACHIEVED WITHOUT CREATING ADVERSE EFFECTS TO FLT SAFETY. AS 'CAPT OF THE SHIP,' I ASSUME RESPONSIBILITY FOR THE SAFE OP OF MY FLT, HOWEVER, THE FAA SHOULD ASSUME OVERALL RESPONSIBILITY FOR FLYING SAFETY. BECAUSE OF THE NUMBER OF ACCIDENTS CAUSED BY CONTINUED VFR FLT INTO IMC, NASA SHOULD ENCOURAGE THE FAA TO STUDY THEIR PROCS TO ENSURE THAT THE ENTHUSIASM OF THEIR ATTORNEYS TO PROTECT THE ADMINISTRATION FROM LEGAL LIABILITY DOES NOT INTERFERE WITH FLT SAFETY RESPONSIBILITIES. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED HE WAS DISAPPOINTED WITH THE TWR LCL CTLR'S RESPONSE TO HIS PREDICAMENT FLYING IN IFR WX AND WANTING TO LAND. HE SAID HE HAS BEEN FLYING A LONG TIME AND ADMITTED HE SHOULD HAVE MADE A PROPER REQUEST FOR AN SVFR CLRNC. HE THINKS THE CTLR COULD HAVE BEEN A LITTLE MORE HELPFUL THAN HE WAS. HE SAID HE RECEIVED A WX BRIEFING FROM FSS BEFORE DEPARTING WHICH INDICATED GOOD CONDITIONS WOULD PREVAIL. HE CALLED THE FSS AFTER LNDG TO PROVIDE A PIREP AND WAS TOLD AN AMENDED FORECAST HAD BEEN ISSUED AFTER HE DEPARTED.

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.