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Pilot of light aircraft deviates from assigned altitude due to WX encounter while in TCA. Altitude change is not authorized.
| Attributes | |
| ACN | 115080 |
| Time | |
| Date | 198906 |
| Day | Mon |
| Local Time Of Day | 0601 To 1200 |
| Place | |
| Locale Reference | atc facility : jfk |
| State Reference | NY |
| Altitude | msl bound lower : 3500 msl bound upper : 4500 |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | tracon : n90 tower : ewr |
| Operator | general aviation : personal |
| Make Model Name | Small Aircraft, High Wing, 1 Eng, Retractable Gear |
| Flight Phase | cruise other |
| Flight Plan | VFR |
| Person 1 | |
| Affiliation | Other |
| Function | flight crew : single pilot |
| Qualification | pilot : private |
| Experience | flight time last 90 days : 30 flight time total : 190 flight time type : 30 |
| ASRS Report | 115080 |
| Person 2 | |
| Affiliation | government : faa |
| Function | controller : approach |
| Qualification | controller : radar |
| Events | |
| Anomaly | altitude deviation : excursion from assigned altitude inflight encounter : weather non adherence : clearance |
| Independent Detector | other controllera other flight crewa |
| Resolutory Action | controller : issued new clearance none taken : detected after the fact other |
| Consequence | Other |
| Supplementary | |
| Primary Problem | Flight Crew Human Performance |
| Air Traffic Incident | Pilot Deviation |
Narrative:
I had to deviate (dive) to go under cloud bank. Cloud distance was confused by haze. Dive was selected versus a 180 degree turn due to recent (5-10 min) refusal by same controller to allow me to do 360 degree turn for wake from crossing widebody transport to dissipate. Went 800-1000' below assigned altitude. No traffic observed prior, during, or after dive and return to assigned altitude. Haze obscured true size and distance of clouds. They were much closer and larger than I thought. Controller interrupted my attempt to immediately report deviation from assigned altitude. Told me to exit the TCA. Under haze and cloud conditions, controller should not have allowed TCA access to VFR flight at assigned altitude. Controller should have been aware of cloud and haze conditions at assigned altitudes and briefed me north allowable evasive actions. Controller was curt and harsh in widebody transport incident prior to cloud evasion. His attitude contributed to my error.
Original NASA ASRS Text
Title: PLT OF LIGHT ACFT DEVIATES FROM ASSIGNED ALT DUE TO WX ENCOUNTER WHILE IN TCA. ALT CHANGE IS NOT AUTHORIZED.
Narrative: I HAD TO DEVIATE (DIVE) TO GO UNDER CLOUD BANK. CLOUD DISTANCE WAS CONFUSED BY HAZE. DIVE WAS SELECTED VERSUS A 180 DEG TURN DUE TO RECENT (5-10 MIN) REFUSAL BY SAME CTLR TO ALLOW ME TO DO 360 DEG TURN FOR WAKE FROM XING WDB TO DISSIPATE. WENT 800-1000' BELOW ASSIGNED ALT. NO TFC OBSERVED PRIOR, DURING, OR AFTER DIVE AND RETURN TO ASSIGNED ALT. HAZE OBSCURED TRUE SIZE AND DISTANCE OF CLOUDS. THEY WERE MUCH CLOSER AND LARGER THAN I THOUGHT. CTLR INTERRUPTED MY ATTEMPT TO IMMEDIATELY REPORT DEVIATION FROM ASSIGNED ALT. TOLD ME TO EXIT THE TCA. UNDER HAZE AND CLOUD CONDITIONS, CTLR SHOULD NOT HAVE ALLOWED TCA ACCESS TO VFR FLT AT ASSIGNED ALT. CTLR SHOULD HAVE BEEN AWARE OF CLOUD AND HAZE CONDITIONS AT ASSIGNED ALTS AND BRIEFED ME N ALLOWABLE EVASIVE ACTIONS. CTLR WAS CURT AND HARSH IN WDB INCIDENT PRIOR TO CLOUD EVASION. HIS ATTITUDE CONTRIBUTED TO MY ERROR.
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.