S-76/S-76 Mark II
Air Traffic Control Fully Certified; Flight Crew Air Transport Pilot (ATP); Flight Crew Instrument; Flight Crew Multiengine
Air Traffic Control Non Radar 4; Air Traffic Control Radar 5; Flight Crew Last 90 Days 225; Flight Crew Total 18000; Flight Crew Type 5000
Communication Breakdown
ATC Issue All Types; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR; Inflight Event / Encounter Weather / Turbulence
Flight Crew Requested ATC Assistance / Clarification
Procedure; Human Factors
Normal Gulf of Mexico IFR operation. There [are] one or two controllers at the helicopter sector who do not understand the procedures on issuing an IFR clearance to an aircraft in uncontrolled airspace. I know that at least one controller will deliberately withhold a clearance because the aircraft cannot climb VFR. I have been a controller and I can listen and hear that the reasons given for not issuing a clearance were false. This particular controller will ask if the aircraft can climb VFR. If the answer is negative he will not issue a clearance. This controller and maybe others on that sector need training on where their responsibility ends and begins. Their responsibility does not include the aircraft's flight conditions. Deliberately withholding a clearance in adverse weather is not acceptable for conditions of flight and it can cause problems for the aircraft.
S76 pilot reported ATC had improperly withheld issuing IFR clearances.