GA small aircraft penetration of N90 TCA on VFR flight plan.

Attributes
ACN	109568
Time
Date	198904
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : ewr airport : cdw
State Reference	NJ
Altitude	msl bound lower : 2000 msl bound upper : 2500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90 tracon : cae
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Fixed Gear
Flight Phase	cruise other descent other
Route In Use	enroute : on vectors
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : commercial
Experience	flight time last 90 days : 6 flight time total : 361 flight time type : 100
ASRS Report	109568
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	other anomaly other
Independent Detector	other controllera
Resolutory Action	flight crew : exited penetrated airspace
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Intra Facility Coordination Failure

Narrative:

I was on a VFR flight from N44 to cdw. I had departed N44 at XA00 local and filed my flight plan with teb FSS at approximately XA07. I then contacted lakehurst tower for clearance through their control zone. When clear, I contacted mcguire approach for radar advisories. When approximately 1 mi north of rbv VOR, I was contacted by mc guire approach, given a position report, told that radar service was terminated, and to contact ewr approach. On my initial contact, I advised ewr approach of my position, altitude and destination. I was told to squawk a distinct code and identify, which I did. I was then told that I was idented at 7 mi north of rbv VOR, and to maintain a heading of 020 degrees and an altitude of 2500'. I complied. A few mins later I switched over to another controller at ewr approach on another frequency. I was given some advisories of other traffic in the area and at approximately XA30 hours was told that my destination airport was at 12 O'clock and 7 mi, and to report when I had it in sight. I was then told by the controller that I was above the floor of the TCA and to leave it immediately. I expedited my descent to 1200' MSL (I was below 2000' when the above communication took place). I began my descent and advised that I had the airport in sight. I was then told that radar service was terminated and to contact cdw tower. The rest of the flight was uneventful. I feel that since ewr approach told me to maintain a heading of 020 degrees and an altitude of 2500', and that this course would take me into the TCA, that this constituted ATC clearance to enter the TCA, since I was also on their radar for over 20 NM. I am therefore filing this report for 2 reasons: in case I get cited for violating the TCA; and to clarify the point that if a VFR pilot is under radar advisories while in contact with ATC and is told to fly a specific heading and altitude by ATC which will cause TCA penetration, this will constitute an automatic clearance to enter the TCA.

Original NASA ASRS Text

Title: GA SMA PENETRATION OF N90 TCA ON VFR FLT PLAN.

Narrative: I WAS ON A VFR FLT FROM N44 TO CDW. I HAD DEPARTED N44 AT XA00 LCL AND FILED MY FLT PLAN WITH TEB FSS AT APPROX XA07. I THEN CONTACTED LAKEHURST TWR FOR CLRNC THROUGH THEIR CTL ZONE. WHEN CLEAR, I CONTACTED MCGUIRE APCH FOR RADAR ADVISORIES. WHEN APPROX 1 MI N OF RBV VOR, I WAS CONTACTED BY MC GUIRE APCH, GIVEN A POS RPT, TOLD THAT RADAR SVC WAS TERMINATED, AND TO CONTACT EWR APCH. ON MY INITIAL CONTACT, I ADVISED EWR APCH OF MY POS, ALT AND DEST. I WAS TOLD TO SQUAWK A DISTINCT CODE AND IDENT, WHICH I DID. I WAS THEN TOLD THAT I WAS IDENTED AT 7 MI N OF RBV VOR, AND TO MAINTAIN A HDG OF 020 DEGS AND AN ALT OF 2500'. I COMPLIED. A FEW MINS LATER I SWITCHED OVER TO ANOTHER CTLR AT EWR APCH ON ANOTHER FREQ. I WAS GIVEN SOME ADVISORIES OF OTHER TFC IN THE AREA AND AT APPROX XA30 HRS WAS TOLD THAT MY DEST ARPT WAS AT 12 O'CLOCK AND 7 MI, AND TO RPT WHEN I HAD IT IN SIGHT. I WAS THEN TOLD BY THE CTLR THAT I WAS ABOVE THE FLOOR OF THE TCA AND TO LEAVE IT IMMEDIATELY. I EXPEDITED MY DSCNT TO 1200' MSL (I WAS BELOW 2000' WHEN THE ABOVE COM TOOK PLACE). I BEGAN MY DSCNT AND ADVISED THAT I HAD THE ARPT IN SIGHT. I WAS THEN TOLD THAT RADAR SVC WAS TERMINATED AND TO CONTACT CDW TWR. THE REST OF THE FLT WAS UNEVENTFUL. I FEEL THAT SINCE EWR APCH TOLD ME TO MAINTAIN A HDG OF 020 DEGS AND AN ALT OF 2500', AND THAT THIS COURSE WOULD TAKE ME INTO THE TCA, THAT THIS CONSTITUTED ATC CLRNC TO ENTER THE TCA, SINCE I WAS ALSO ON THEIR RADAR FOR OVER 20 NM. I AM THEREFORE FILING THIS RPT FOR 2 REASONS: IN CASE I GET CITED FOR VIOLATING THE TCA; AND TO CLARIFY THE POINT THAT IF A VFR PLT IS UNDER RADAR ADVISORIES WHILE IN CONTACT WITH ATC AND IS TOLD TO FLY A SPECIFIC HDG AND ALT BY ATC WHICH WILL CAUSE TCA PENETRATION, THIS WILL CONSTITUTE AN AUTOMATIC CLRNC TO ENTER THE TCA.

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.