I think some of the comments are good examples of this fuzzy view many pilots have on VFR vs IFR and when/if it matters from a safety vs. legality perspective. The comments also show why getting the facts straight before doing anything else is important.
The facts could be
1 - The pilot is in Class G at an unknown altitude and under un-stated flight rules (i.e. has just said "G-xxxx 5 miles west of VRP blah request transit")
2 - Controller knows the weather is poor so the pilot may want IFR (but from further communication we can guess that the controller feels he will not have space or bandwidth to provide IFR separation)
3 - Pilot asks for IFR which is refused (see point 2) but offered VFR with the implication that the pilot is not going to be provided with IFR separation and will be responsible for own separation and terrain clearance (Standard Class D service I think)
Originally Posted by Fuji Abound
If he called IFR then we can only assume the MDA was above 2,000 feet otherwise the controller would not have cleared his descent.
I dont think,at the point the controller gave it, the instruction to transition at 2000 feet needs to be terrain safe (or above the MDA, or the MSA, or 1000 feet above the 5 mile object) as the pilot is not being vectored or under a RAS so is responsible for terrain clearance.
4 - Pilot accepts the VFR clearance, is reminded of the need to be in VMC and given an altitude and route through the Class D airspace.
So far the only 'problem' is that the controller is reported to have cleared him at a level rather than not above a level on a VFR clearance (I didn't know controllers couldn't clear a VFR flight at a level?)
5 The pilot reports he is VMC and enters Class D at 2000 feet
AT THIS POINT the issue is alleged to be created.
6 Our observer says he is in solid clag at 800-1200 feet. The Pilot claims he is VMC but unless he can see the ground, is going less than 140 knots and has 5 KM of viz he is lying.
7 Pilot has probably now broken his contract with ATC (and the law) and ATC should be able to rely on pilot separating himself from other traffic (and other traffic separating themselves from our Pilot) as is the spec for Class D, this could be a real safety issue.