Date: 201209
Local time of day: 1201-1800
Location: ZZZ.Airport, US
Flight conditions: VMC
Weather elements / visibility: 20
Light: Daylight
Aircraft: Cessna Citation Mustang (C510)
Operator: Corporate
Operating under: Part 91
Flight plan: IFR
Mission: Ferry / Re-Positioning
Flight phase: Initial Climb
Airspace: Class E ZZZ
ATC / advisory: Center ZZZ
Aircraft component: Gear Extend/Retract Mechanism
Component problem: Malfunctioning
Reporter organization: Corporate
Reporter function: Single Pilot; Pilot Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP); Flight Crew Flight Instructor; Flight Crew Instrument; Flight Crew Multiengine
Human factors: Communication Breakdown; Troubleshooting
Anomaly: ATC Issue All Types; Aircraft Equipment Problem Critical
Detector: Automation Aircraft Other Automation; Person Flight Crew
When detected: In-flight
Result: Flight Crew Diverted; Flight Crew Landed in Emergency Condition; General Declared Emergency; General Maintenance Action
Contributing factors: Human Factors; Aircraft
Primary problem: Aircraft

Narrative: I departed in VMC conditions to complete three takeoff and landings for 90 day currency before picking up my passengers and returning to base. I was picking up the aircraft from an off site paint facility. During my first approach to landing at the airport; I experienced a red gear unsafe light after extending the landing gear. I cycled the gear multiple times and could not get the red gear unsafe light to extinguish. Knowing that it would be best to get the aircraft back to base; I asked the Tower to communicate my intentions to my passengers via a land line. I was circling VFR over the airport at 3;500 FT MSL as instructed when I asked the Tower if I could pick up my IFR clearance to base. The Tower recommended that I turn northbound; continue VFR and pick up my IFR clearance with Center. I turned to the north and started a climb from 3;500 FT to 16;500 FT. While in the climb; the Tower came on frequency and read off my IFR Departure clearance which was to 'fly runway heading; maintain 5;000 FT; contact Center and squawk ----.' I was confused by this as I was already climbing through approximately 5;800 FT and continuing VFR northbound. I entered the new squawk and contacted Center. Center asked me what altitude I should be at and I told them I was VFR. They were confused because I believe the Tower handed me off as an IFR departure. I thought I was still VFR and that is what I told Center. I explained to them that I was working an emergency type of issue over the airport before proceeding on my flight plan route. I had not declared an emergency with the Tower. I started to level off at about 6;100 FT when they cleared me to a higher altitude. They asked if I currently had an emergency condition and I said no. I explained to them that I was working a gear unsafe issue and that I would work it out and declare an emergency if required. During approach into base; the gear unsafe light stayed on; I executed the emergency checklist; declared an emergency and landed without incident. I believe the altitude deviation was a failure of communication by both myself and the Tower. I was confused by the Tower instructing me to continue VFR and pick up my IFR clearance with Center and then a short time later; reading off my departure IFR clearance. I should have questioned my altitude assignment of 5;000 FT before continuing to climb. I thought I was still VFR and failed to have the Tower clarify their instructions. In the future; I will question my altitude assignment if there is any doubt at all of my assigned altitude.




Synopsis: CE510 Captain experiences an unsafe gear indication during approach and elects to divert to an airport where repairs can be made. An IFR clearance for the diversion is relayed by the Tower and causes some confusion.