Date: 201507
Local time of day: 0601-1200
Location: SQL.Airport, CA
Flight conditions: VMC
Weather elements / visibility: 10
Light: Daylight
Aircraft: Small Aircraft; High Wing; 1 Eng; Fixed Gear
Operator: FBO
Operating under: Part 91
Flight plan: IFR
Mission: Training
Flight phase: Initial Climb
Airspace: Class B NCT; Class D SQL
ATC / advisory: CTAF SQL; TRACON NCT
Reporter organization: FBO
Reporter function: Single Pilot; Pilot Flying
Reporter qualification: Flight Crew Private; Flight Crew Instrument
Human factors: Workload; Training / Qualification; Situational Awareness; Distraction; Communication Breakdown; Time Pressure
Anomaly: ATC Issue All Types; Airspace Violation All Types; Deviation - Altitude Overshoot; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Human Factors; Airspace Structure; Procedure
Primary problem: Human Factors

Narrative: Time building for Commercial Pilot Certificate. Issue happened on the way back trip from SQL. Early morning departure engine is running; ready for IFR clearance. Calling Clearance Deliver for clearance multiple times; but no answer is received. My phone was off and I have tried to call other approach frequencies; but no one answers. Calling CTAF in the SQL to ask guys if they know another frequency for clearance delivery. One guy replied that the tower will open at 7am. But my decision was to pick up airborne-clearance. On an initial climb runway 30 departure leg and when I passed pattern altitude; I switched radio from CTAF to Oakland Approach and tried to call them again to 'check in'. ATC replied: '[Aircraft X] Stand By! remain outside of class B airspace'. I was still climbing and did not know where specifically to go. I knew that SQL is located within class B airspace; even though airport itself was class D. That is why I was in rush to pick a clearance or request and receive assistance to guide me through airspace without touching class B. I was trying to find a gap on frequency to speak with him and tell him that I need assistance to stay away of B. And the reason why I was not able to manage it myself is because of the increased workload to a single pilot being very low and flying in very busy congested airspace. I looked at my chart and try to figure out where am I in relation to class B airspace and then what altitude to remain on and which heading to fly; but still it was hard for me to look down on chart because I felt unprotected in airspace; that is why I decided to fly the airplane in first place and wait for ATC to call me or find a gap and talk to him. At approximately 1;500feet-1;900 feet I found a short gap and call him again for assistance. ATC replied: '[Aircraft X] Stand By! remain outside of class B airspace'. I remember that the frequency start to be busy again and I could not talk to him back. I started to circle and still figuring out where to go and having hope that ATC gonna get back to me and help me. I remember that I was approximately at 2;300 feet when I made my [third] call and ATC replied: 'I told you to remain outside of class B airspace! Now turn to the East immediately'. Upon my compliance he said to me to copy a phone number and call it upon arrival. He said that I entered class B airspace without clearance. Rest of my flight was very normal and I made it safely. Upon my arrival I charged my phone and called that number. I spoke with person representing San Fransisco TRACON. The person said that a report needed to be filed and asked my personal information; where I respectfully declined it and I said that I need a legal advice from attorney and then that I'll call them back. Today after conversation with my attorney I called them and gave them all of my information in case they gonna file letter of investigation. SUMMARY:1. Calling for clearance on the ground; but we did not established communication2. Calling airborne without yet busting any airspace; ATC constantly replies Stand By.3. I could have wait until the tower will open in 30 minutes; I could look for someone on an 'empty field' and ask them to call an approach or FSS for me to get clearance. But I did not do it. Because I was not comfortable doing it. I looked positive to pick up an airborne clearance in this case. I did not expect of neglect ATC assistance. He saw me in a radar on initial call and further; but did not take care of me. He knew that I had filed the IFR flight plan and I need a clearance. But yet they give me their stand by's; not providing any vectors any suggestions; without giving any room to talk on a dynamic environment and then fearing me to file a report for pilot deviation. Like a punishment machine. You can't talk to them; you can't tell them to stand by; because they got very angry when you do so; especially if you fly small airplanes.When people say that ATC there to provide assistance forus; pilots. In this case dose not seem like that at all. I am disagree that it is only my fault.




Synopsis: A pilot departed CTAF SQL before the Tower opened and attempted to get an IFR clearance while airborne from NorCal. The Controller was busy and before clearance could be given; the pilot entered SFO Class B.