Hi, Jeff -

You are not under IFR until you have received an IFR clearance including the
words "cleared to". If you departed VFR (without an IFR clearance and
release), you are not IFR and must obey VF Rules. Once airborne, you
contact ATC with something like "ABC Approach (or center), N1234 off Podunk
Field, IFR to Niceville, request clearance." They will assign you a squawk
code, wait to identify you on radar, then give you your clearance and
instructions (inlcuding altitude). Until then, you maintain VFR, including
altitude.

But see http://www.avweb.com/news/columns/189034-1.html .

Stan


"Wizard of Draws" wrote in message
news:BE2C303C.4C813%jeffbTAKEOUTALLCAPS@wizardofdr aws.com...
I took a short XC today after a layoff of a few months due to real life
constraints and weather. I filed IFR even though it was VFR because I
wanted
to get back into the groove of communicating with ATC.
I filed for 5000 going east. On the ground, they told me it would be
faster
if I took off VFR and opened my plan in the air, so I did.

I was at 5500 when I finally got through since I was VFR, but all I was
given initially was a squawk code with no altitude assignment or
clearance.
I assumed that I was IFR at this point so I began to descend to 5000 per
my
flight plan. As I did I asked ATC if he had an altitude assignment, and he
came back with 6000, cleared direct. No problem, I pull back up and fly as
I'm told.

So, was I IFR as soon as I was given a squawk and required to fly my
flight
plan, or should I have waited to change from a VFR altitude to an IFR
altitude until I was given specific instructions?
--
Jeff 'The Wizard of Draws' Bucchino

Cartoons with a Touch of Magic�
http://www.wizardofdraws.com

More Cartoons with a Touch of Magic�
http://www.cartoonclipart.com