I am trying to build my hood time and yesterday went on a 200nm (each-way) cross-country with a non-BFR current instrument pilot sitting right seat as safety pilot. He did have a current medical and according to my read of the FARs that is just fine for VFR flight with me as both actual and acting PIC.

The weather was marginal VFR but we got into our destination OK. Spent the day, had dinner, and left early enough for the 1st half of the flight to be in daylight. The weather was still crappy at the away airport. I think 1200BKN, 3600BKN, 12000OVC. Looking at radar in the FBO it looked like I could get out to the NE for a bit and then turn for home. We were at an uncontrolled field in Class Bravo airspace.

Called clearance delivery and said I would be flying VFR under 2000 to the NE to get out of the mess. Took off, hood on soon after, and contacted departure. Told a squawk code, to maintain VFR, and fly NE. Safety pilot said fly 800 ft. I was not comfortable with that, put the hood up, and went through a break in the clouds to 2000. Nice and clear there, thin layer of broken clouds well below and ceiling 3600 above.

While still in Class B (though probably under the 3000' base by now) departure comes on and asks for my flying conditions. I lift the hood, report in the clear above a layer. ATC asks if I can see the ground. I am wondering if he is trying to get me to say that I have busted VFR. I look down and yes, I see the ground through broken clouds. Remember my safety is not acting PIC, I am. I am not sure if I have busted VFR so I report that I see the ground through scattered clouds below. Departure then gives another pilot an estimate of conditions that may have been based, in part, on my (fudgy) report.

So, knowledgable sorts, my question. And let me first say that if I did not see a way out that I was comfortable with soon after takeoff that I was fully ready to turn around and land. My question is, would/could I have gotten in trouble if I reported that I was above broken, rather than scattered, clouds. Can a VFR pilot legally fly above broken clouds? In Class Bravo (limits are less)? I do feel bad about fudging my report and will try not to put myself in that position again but I was in good vis and the way was clearing ahead, this was the hole to the NE I had seen on the radar.

Thanks