Narrative:

I was the pilot of a beech 90 king air out of the los alamitos army airfield (sli); los alamitos; ca. Due to overcast WX conditions; we requested and received from los alamitos ground control; an 'IFR to VFR on top clearance' for a departure from runway 22R. The clearance was standard for this type of departure from los alamitos and entails a left turn after takeoff to a heading of 180 degrees and a climb to 2000 ft. We requested takeoff clearance from los alamitos tower and were cleared for takeoff from runway 22R. There was no amendment to our IFR clearance by the tower controller. We entered IMC at approximately 1000 ft. Around 1200 ft; the tower controller said 'aircraft X; say departure type.' I glanced at our traffic information system and saw a conflicting target; which had turned yellow; that was descending into the path we were climbing through. Recognizing that aircraft as being on a trend for an arrival on the ILS runway 30 at lgb; I said to the other pilot who was operating the radios 'the tower controller doesn't know we're IFR!' without instruction; I immediately retarded the power levers and pushed the aircraft into a descent. At this point; the tower controller became extremely flustered with his words and had a hard time speaking coherently. He asked if we could remain VFR (we could not). We eventually switched over to socal departure control on our own; and when clear of the ILS traffic; continued our assigned departure. In speaking on the telephone with the tower chief at los alamitos the following morning; he admitted the error. For whatever reason; the tower controller at the time did not realize we were an IFR departure and instead thought we were departing the airport with intentions to remain VFR without flight following. In a normal VFR departure from los alamitos; aircraft must level off at 1000 ft in order to remain clear of the ILS into lgb as well as lgb's airspace. By thinking we were VFR and also not coordinating with socal departure for our release; we were cleared for takeoff on a collision course with another aircraft; possible an airliner; arriving into lgb.

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Original NASA ASRS Text

Title: BE90 FLT CREW ON DEP FROM SLI EXPERIENCED CONFLICT IN IMC WITH TFC AT 1200 FT; TWR CTLR APPARENTLY ASSUMED VFR RATHER THAN IFR DEP STATUS; OPERROR.

Narrative: I WAS THE PLT OF A BEECH 90 KING AIR OUT OF THE LOS ALAMITOS ARMY AIRFIELD (SLI); LOS ALAMITOS; CA. DUE TO OVCST WX CONDITIONS; WE REQUESTED AND RECEIVED FROM LOS ALAMITOS GND CTL; AN 'IFR TO VFR ON TOP CLRNC' FOR A DEP FROM RWY 22R. THE CLRNC WAS STANDARD FOR THIS TYPE OF DEP FROM LOS ALAMITOS AND ENTAILS A L TURN AFTER TKOF TO A HDG OF 180 DEGS AND A CLB TO 2000 FT. WE REQUESTED TKOF CLRNC FROM LOS ALAMITOS TWR AND WERE CLRED FOR TKOF FROM RWY 22R. THERE WAS NO AMENDMENT TO OUR IFR CLRNC BY THE TWR CTLR. WE ENTERED IMC AT APPROX 1000 FT. AROUND 1200 FT; THE TWR CTLR SAID 'ACFT X; SAY DEP TYPE.' I GLANCED AT OUR TFC INFO SYS AND SAW A CONFLICTING TARGET; WHICH HAD TURNED YELLOW; THAT WAS DSNDING INTO THE PATH WE WERE CLBING THROUGH. RECOGNIZING THAT ACFT AS BEING ON A TREND FOR AN ARR ON THE ILS RWY 30 AT LGB; I SAID TO THE OTHER PLT WHO WAS OPERATING THE RADIOS 'THE TWR CTLR DOESN'T KNOW WE'RE IFR!' WITHOUT INSTRUCTION; I IMMEDIATELY RETARDED THE PWR LEVERS AND PUSHED THE ACFT INTO A DSCNT. AT THIS POINT; THE TWR CTLR BECAME EXTREMELY FLUSTERED WITH HIS WORDS AND HAD A HARD TIME SPEAKING COHERENTLY. HE ASKED IF WE COULD REMAIN VFR (WE COULD NOT). WE EVENTUALLY SWITCHED OVER TO SOCAL DEP CTL ON OUR OWN; AND WHEN CLR OF THE ILS TFC; CONTINUED OUR ASSIGNED DEP. IN SPEAKING ON THE TELEPHONE WITH THE TWR CHIEF AT LOS ALAMITOS THE FOLLOWING MORNING; HE ADMITTED THE ERROR. FOR WHATEVER REASON; THE TWR CTLR AT THE TIME DID NOT REALIZE WE WERE AN IFR DEP AND INSTEAD THOUGHT WE WERE DEPARTING THE ARPT WITH INTENTIONS TO REMAIN VFR WITHOUT FLT FOLLOWING. IN A NORMAL VFR DEP FROM LOS ALAMITOS; ACFT MUST LEVEL OFF AT 1000 FT IN ORDER TO REMAIN CLR OF THE ILS INTO LGB AS WELL AS LGB'S AIRSPACE. BY THINKING WE WERE VFR AND ALSO NOT COORDINATING WITH SOCAL DEP FOR OUR RELEASE; WE WERE CLRED FOR TKOF ON A COLLISION COURSE WITH ANOTHER ACFT; POSSIBLE AN AIRLINER; ARRIVING INTO LGB.

Data retrieved from NASA's ASRS site as of January 2009 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.