Date: 201406
Local time of day: 0601-1200
Location: OJC.Airport, KS
Flight conditions: Mixed
Weather elements / visibility: 10
Light: Daylight
Aircraft: Small Aircraft; Low Wing; 1 Eng; Fixed Gear
Operator: FBO
Operating under: Part 91
Flight plan: None
Mission: Training
Flight phase: Initial Climb
Airspace: Class D OJC
ATC / advisory: Tower OJC
Reporter organization: Personal
Reporter function: Instructor
Reporter qualification: Flight Crew Commercial; Flight Crew Flight Instructor; Flight Crew Instrument; Flight Crew Multiengine
Human factors: Communication Breakdown; Confusion
Anomaly: ATC Issue All Types; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter VFR In IMC; Inflight Event / Encounter Weather / Turbulence
Detector: Person Flight Crew
When detected: Taxi
Result: Flight Crew Landed As Precaution; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Procedure; Weather
Primary problem: Weather

Narrative: I initiated a training flight at Johnson County Executive Airport (OJC). At the time of my flight the sky condition was reported by OJC METAR as SCT 009 OVC 120. Visibility was 10 SM. Although the Class D surface area was above the minimal for VFR; I advised Ground Control that the scattered layer at 900 FT AGL required me to obtain Special VFR as I would not be able to maintain VFR. Despite information in FAA Order 7110.65V 7-5-1 subparagraph b clearly authorizing such; the Ground Controller denied my request for special VFR stating; 'You don't need a special VFR with scattered. You would be broken.' Upon further clarifying my need for Special VFR; the Ground Controller replied; 'We don't issue Special VFR's when the airport is VFR. That's the bottom line.' Upon visually inspecting the sky condition; I determined that; although more clouds at 900 FT AGL were in the vicinity and drifting toward the airport; a circuit of the traffic pattern could be completed at the current time while maintaining the VFR cloud clearance prescribed for day VFR flight in Class D airspace. Upon reaching the downwind leg of the traffic pattern; lateral separation with a cloud in the reported 900 FT layer could not be maintained without excessive maneuvering. Upon momentarily penetrating the lateral bounds of cloud separation minimums I advised the Tower Controller (the same Controller who was operating the Ground Control frequency and had denied my request for Special VFR) that I would require a full-stop landing.From this point; the brief flight continued without incident. I feel an increased familiarity with the SVFR authorizations available to ATC as prescribed in FAA Order 7110.65V 7-5-1 (specifically subparagraph b and the subsequent note) and a familiarity with the cloud clearance regulations applicable to pilots operating under visual flight rules within the bounds of Class D airspace would go a long way toward preventing a similar situation in the future. On future flights; I intend to be more insistent in my request for Special VFR; and in the case that such insistence is met with similar refusal; I intend to discontinue the flight; trusting my initial judgment regarding the prevailing sky conditions.




Synopsis: Pilot reports while attempting to depart the airport with 900 FT scattered clouds he thought he would need SVFR. The Controller refused to give him SVFR due to the scattered layer. Pilot departed unwillingly and couldn't get above cloud layer then returned to airport.