An air carrier pilot piloting an small aircraft gets into the cle TCA while detouring thunderstorm activity. Concern expressed regarding inoperative transponder mode C requirement.

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Attributes
ACN	152475
Time
Date	199007
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : cle
State Reference	OH
Altitude	msl bound lower : 5000 msl bound upper : 11000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zob tracon : cle
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other cruise other cruise other
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : commercial pilot : instrument pilot : atp
Experience	flight time last 90 days : 250 flight time total : 10000
ASRS Report	150247
Person 2
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
Events
Anomaly	inflight encounter : weather non adherence : clearance non adherence : far other anomaly other other spatial deviation
Independent Detector	other controllera
Resolutory Action	flight crew : exited penetrated airspace none taken : detected after the fact
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Unaware of the fact that mode C required above 10000' MSL. Flight plan filed for 7000'. Later to stay on top 9000' was requested. Later in the flight center advised us that we would either have to descend or climb. We chose 11000', which worked well until we were attempting to deviate around some isolated thunderstorms. The deviations took us into the cle TCA and to stay in the cle av we elected to descend to 5000' and followed revised (suggested) routing to our destination. This flight was from osh to a small airport in southeast PA. It is not known if the detroit/pit TCA's were involved. I think not. I am an air carrier pilot and find this somewhat embarrassing. My intentions were to avoid all TCA's. The WX dictated we do otherwise. All of this west/O mode C. Aircraft equipped with mode C transponder, but had been reported as inoperative or intermittent by ATC the previous week. The avionics shop was unable to repair prior to our osh trip.

Original NASA ASRS Text

Title: AN ACR PLT PILOTING AN SMA GETS INTO THE CLE TCA WHILE DETOURING TSTM ACTIVITY. CONCERN EXPRESSED REGARDING INOPERATIVE TRANSPONDER MODE C REQUIREMENT.

Narrative: UNAWARE OF THE FACT THAT MODE C REQUIRED ABOVE 10000' MSL. FLT PLAN FILED FOR 7000'. LATER TO STAY ON TOP 9000' WAS REQUESTED. LATER IN THE FLT CENTER ADVISED US THAT WE WOULD EITHER HAVE TO DSND OR CLB. WE CHOSE 11000', WHICH WORKED WELL UNTIL WE WERE ATTEMPTING TO DEVIATE AROUND SOME ISOLATED TSTMS. THE DEVIATIONS TOOK US INTO THE CLE TCA AND TO STAY IN THE CLE AV WE ELECTED TO DSND TO 5000' AND FOLLOWED REVISED (SUGGESTED) RTING TO OUR DEST. THIS FLT WAS FROM OSH TO A SMALL ARPT IN SE PA. IT IS NOT KNOWN IF THE DETROIT/PIT TCA'S WERE INVOLVED. I THINK NOT. I AM AN ACR PLT AND FIND THIS SOMEWHAT EMBARRASSING. MY INTENTIONS WERE TO AVOID ALL TCA'S. THE WX DICTATED WE DO OTHERWISE. ALL OF THIS W/O MODE C. ACFT EQUIPPED WITH MODE C XPONDER, BUT HAD BEEN RPTED AS INOP OR INTERMITTENT BY ATC THE PREVIOUS WK. THE AVIONICS SHOP WAS UNABLE TO REPAIR PRIOR TO OUR OSH TRIP.

Data retrieved from NASA's ASRS site as of July 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.