Narrative:

My student and I were on an IFR flight plan; practicing cross country navigation and instrument procedures. The plane we perform training in is a diamond DA20-C1. This airplane is IFR certified and capable of filing IFR flight plans; but has a limitation for VMC only flight. We had checked the weather prior to filing and the clouds around the st. Louis area were broken at 3;500 ft with tops around 4;500 ft. We filed for 3;000 ft which would keep us clear of the clouds. After departure; we were initially cleared to 2;100 ft then 3;000 ft. Upon reaching 3;000 ft; the departure controller issued us a clearance to climb to 4;000 ft. At the time; the clouds were more scattered and we were able to maintain 4;000 ft in VMC. I could see that around us at 4;000 ft there were clouds but we weren't in them at the time. I advised ATC of our 'no IMC' situation and asked to be returned to 3;000 ft as soon as possible. They replied they understood but kept us at 4;000 ft. A turn was then given to the north. This put us on a course to enter the thin layer of clouds. We made a couple of slight turns to dodge some clouds and descended 200 ft to 3;800 ft in an attempt to remain clear. ATC asked us to advise our altitude to which we replied 'three thousand eight hundred.' they then told us to maintain 'four thousand' due to traffic. It was at this point remaining in VMC would not be possible. I again asked for 3;000 ft but the controller told us he couldn't due to traffic and gave us a turn to the east; I believe; in an attempt to give the proper separation needed for us to descend to 3;000 ft. We were now entering this broken layer and I advised ATC we would be 'unable to maintain 4;000 ft due to our no IMC limitation.' I told him that we could climb to 5;000 ft which would put us above the layer. We were then cleared up to 5;000 ft. During this last segment of the process; we entered and exited several clouds within this broken layer. After reaching 5;000 ft; we were on top and remained there until eventually this broken layer was behind us and we were in clear skies until our arrival. My student and I realized the limitations of the airplane even when on an IFR flight plan and checked the weather; planned; and filed accordingly but in the end that can all be changed. We got stuck in a spot in which ATC couldn't be that flexible in our altitude and I; as the instructor; probably should have stopped ATC from climbing us to 4;000 ft initially. I'm also not sure how well ATC understood the fact that we could be on an IFR flight plan yet not be able to enter the clouds and IMC. In the end; as I said before; I let it go farther than it should; but made a decision that kept separation for ATC and let us climb above the clouds with minimal time (less than 1 minute total) spent actually in IMC.

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Original NASA ASRS Text

Title: Instructor and student on IFR cross country training flight in VMC only aircraft are unable to remain clear of clouds despite informing controller of their limitations.

Narrative: My student and I were on an IFR flight plan; practicing cross country navigation and instrument procedures. The plane we perform training in is a Diamond DA20-C1. This airplane is IFR certified and capable of filing IFR flight plans; but has a limitation for VMC only flight. We had checked the weather prior to filing and the clouds around the St. Louis area were broken at 3;500 FT with tops around 4;500 FT. We filed for 3;000 FT which would keep us clear of the clouds. After departure; we were initially cleared to 2;100 FT then 3;000 FT. Upon reaching 3;000 FT; the Departure Controller issued us a clearance to climb to 4;000 FT. At the time; the clouds were more scattered and we were able to maintain 4;000 FT in VMC. I could see that around us at 4;000 FT there were clouds but we weren't in them at the time. I advised ATC of our 'No IMC' situation and asked to be returned to 3;000 FT as soon as possible. They replied they understood but kept us at 4;000 FT. A turn was then given to the north. This put us on a course to enter the thin layer of clouds. We made a couple of slight turns to dodge some clouds and descended 200 FT to 3;800 FT in an attempt to remain clear. ATC asked us to advise our altitude to which we replied 'Three thousand eight hundred.' They then told us to maintain 'Four Thousand' due to traffic. It was at this point remaining in VMC would not be possible. I again asked for 3;000 FT but the Controller told us he couldn't due to traffic and gave us a turn to the east; I believe; in an attempt to give the proper separation needed for us to descend to 3;000 FT. We were now entering this broken layer and I advised ATC we would be 'unable to maintain 4;000 FT due to our no IMC limitation.' I told him that we could climb to 5;000 FT which would put us above the layer. We were then cleared up to 5;000 FT. During this last segment of the process; we entered and exited several clouds within this broken layer. After reaching 5;000 FT; we were on top and remained there until eventually this broken layer was behind us and we were in clear skies until our arrival. My student and I realized the limitations of the airplane even when on an IFR flight plan and checked the weather; planned; and filed accordingly but in the end that can all be changed. We got stuck in a spot in which ATC couldn't be that flexible in our altitude and I; as the Instructor; probably should have stopped ATC from climbing us to 4;000 FT initially. I'm also not sure how well ATC understood the fact that we could be on an IFR flight plan yet not be able to enter the clouds and IMC. In the end; as I said before; I let it go farther than it should; but made a decision that kept separation for ATC and let us climb above the clouds with minimal time (less than 1 minute total) spent actually in IMC.

Data retrieved from NASA's ASRS site as of April 2012 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.