Flight Crew Instrument; Flight Crew Commercial
Flight Crew Last 90 Days 20; Flight Crew Total 595; Flight Crew Type 95
Situational Awareness; Confusion; Communication Breakdown
Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter Weather / Turbulence
General None Reported / Taken
Weather; Procedure; Human Factors
The Controller declared an emergency on my behalf because I entered IMC under VFR and was not able to give me a clearance because I was below the MVA. I had just transitioned a Class C airport's airspace southbound over the bay to land at a nearby Class D airport. The Class C airport was VFR. My destination had just gone IFR with BKN008. I was flying traffic watch and the previous traffic watch pilot informed us that they had just landed at my destination under Special VFR. I told Class C's Tower that it was my intention to land at my destination under Special VFR. I was surprised that the Tower handed me off to Approach instead of the Class D Tower. I learned later on the ground that they also did not tell Approach of my intentions. When the Approach Controller gave me a vector across the Class C airport's final approach; I assumed that was the reason and they would then pass me to my destinations Tower. I learned on the ground that Approach thought I was going to continue traffic watch southbound down the interstate. Approach asked me to maintain VFR. I was watching the clouds carefully because on the assigned vector; I would be in the broken layer in a few minutes. I had my destination in sight about 5 miles away off to my left. Then the Controller asked me if I wanted to continue down the interstate; which surprised me; but I responded that I was going to my destination. The Controller pointed out that my destination had just gone below minimums; which I knew. At that point I should have reiterated that I wanted to request Special VFR at my destination. I am not sure whether I did point that out to the Controller; but since I was on a vector away from my destination and the conditions were deteriorating; I instead requested the localizer approach into my destination. The Controller asked me to standby and maintain VFR. I set up the instruments for the localizer approach. About a minute later I could see the approach course for my destination coming onto the GPS; my vector was perpendicular to the approach. Right as I crossed the approach course I told the Controller that I was crossing the approach course and asked if I he was going to turn me. I thought he might have forgotten about me due to the busy Class C airport's arrivals. The Controller again reiterated for me to remain VFR. I said unable to maintain VFR. This is where the Controller asked if I was going IMC and I responded yes. Being familiar with the rising terrain ahead; I said I needed to climb immediately and began a max rate climb. The Controller asked if I was declaring an emergency and I responded negative; I did not feel that I had an emergency because I was instrument current; the aircraft was IFR certified and I was in control of the aircraft. The Controller said he was declaring an emergency on my behalf and instructed me to climb to 4;000 FT. I got on top at 3;500 FT and notified the Controller. He vectored me around for a while for the Class C airport's traffic sequencing; and then cleared me for the approach [into my destination]. The rest of the flight proceeded without further incident. After the flight; I spoke with a supervisor at Approach who indicated that even when on a vector; if instructed to maintain VFR; the pilot must do whatever is necessary to maintain VFR; even if that means reversing course. I did not reverse course at the time because the Controller had just vectored me through the final approach course of the Class C airport and I felt that if I reversed course into the Class C airport's final that I would have created a serious separation problem. My error was going IMC without a clearance; especially below the MVA; because I learned that ATC cannot issue an IFR clearance below the MVA. My other error was not clarifying my intentions with the Controller early enough so that they had a chance to coordinate. The fact that Class C Tower did not relay my intentions on to the Approach Controller contributed to the confusion; but in marginal VFR and busy airspace I need to leave myself and the Controller more time to handle the situation. Not acting sooner put the Controller in a difficult situation. It also put me into a potential controlled flight into terrain situation. The instruction 'Maintain VFR' must be followed; even if on an assigned vector or if it means crossing a final approach path.
VFR traffic watch aircraft encountered IMC conditions after being instructed to maintain VFR; weather; higher terrain; MVA minimums and ATC failed coordination all playing a part in this event; resulting in an ATC declared emergency.