Narrative:

Last night I thought I might have violated 135.203(a)(2). This was intended to be a VFR day flight around the south side of jfk. The 28 minute delay at ewr made it a night VFR flight. This is a scheduled flight with xx airways. As usual it was without any passenger and thus repositioning flight for an early morning flight out of isp. The IFR routing takes almost 1 hour to go 48 mi at 210 KTS. WX 4000 scattered 25 mi visibility, clearance direct verrazano bridge, maintain 1400'. It was late dusk as we crossed the bridge with 700' clearance. It is a well lit landmark. Our plan was fly 1400' 10 DME around the south side of jfk in daylight. We were handed off to kennedy TCA controller. He called us XXX several times. He then cleared us to go up the shoreline at 500'. We declined and said that we wanted to stay at 1400'. He pointed out an arriving aircraft. We saw the aircraft and were instructed to maintain a visual. We maintained 1400' and stayed south of the shoreline and got about 6 DME from jfk at one time. At this time, the controller called xxy about 4 times. When he called airline xxy, we responded. He then had us descend to 1000' and pointed out 1200' traffic departing jfk which we saw. When the controller said we were clear of the TCA we contacted the long island approach and shot the ILS to runway 6 after climbing up to 1700'. Summary: violated obstacle clearance. Would have been ok if we hadn't such a long delay (it would have been daylight. We would have been legal going out with our tail # since we had no passenger). The communication problem with kennedy TCA controller was he switched our call sign from XXX to xxy.

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Original NASA ASRS Text

Title: VFR FLT OF SMT ACFT WITH AIR CARRIER DESIGNATION, NO PASSENGERS, FLEW BELOW 1000' ABOVE CONGESTED AREA, CLEARED BRIDGE BY 700'.

Narrative: LAST NIGHT I THOUGHT I MIGHT HAVE VIOLATED 135.203(A)(2). THIS WAS INTENDED TO BE A VFR DAY FLT AROUND THE S SIDE OF JFK. THE 28 MINUTE DELAY AT EWR MADE IT A NIGHT VFR FLT. THIS IS A SCHEDULED FLT WITH XX AIRWAYS. AS USUAL IT WAS WITHOUT ANY PAX AND THUS REPOSITIONING FLT FOR AN EARLY MORNING FLT OUT OF ISP. THE IFR ROUTING TAKES ALMOST 1 HR TO GO 48 MI AT 210 KTS. WX 4000 SCATTERED 25 MI VISIBILITY, CLRNC DIRECT VERRAZANO BRIDGE, MAINTAIN 1400'. IT WAS LATE DUSK AS WE CROSSED THE BRIDGE WITH 700' CLRNC. IT IS A WELL LIT LANDMARK. OUR PLAN WAS FLY 1400' 10 DME AROUND THE S SIDE OF JFK IN DAYLIGHT. WE WERE HANDED OFF TO KENNEDY TCA CTLR. HE CALLED US XXX SEVERAL TIMES. HE THEN CLRED US TO GO UP THE SHORELINE AT 500'. WE DECLINED AND SAID THAT WE WANTED TO STAY AT 1400'. HE POINTED OUT AN ARRIVING ACFT. WE SAW THE ACFT AND WERE INSTRUCTED TO MAINTAIN A VISUAL. WE MAINTAINED 1400' AND STAYED S OF THE SHORELINE AND GOT ABOUT 6 DME FROM JFK AT ONE TIME. AT THIS TIME, THE CTLR CALLED XXY ABOUT 4 TIMES. WHEN HE CALLED AIRLINE XXY, WE RESPONDED. HE THEN HAD US DSND TO 1000' AND POINTED OUT 1200' TFC DEPARTING JFK WHICH WE SAW. WHEN THE CTLR SAID WE WERE CLEAR OF THE TCA WE CONTACTED THE LONG ISLAND APCH AND SHOT THE ILS TO RWY 6 AFTER CLIMBING UP TO 1700'. SUMMARY: VIOLATED OBSTACLE CLRNC. WOULD HAVE BEEN OK IF WE HADN'T SUCH A LONG DELAY (IT WOULD HAVE BEEN DAYLIGHT. WE WOULD HAVE BEEN LEGAL GOING OUT WITH OUR TAIL # SINCE WE HAD NO PAX). THE COM PROBLEM WITH KENNEDY TCA CTLR WAS HE SWITCHED OUR CALL SIGN FROM XXX TO XXY.

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.