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Lr-36 flight crew reported a communications breakdown with ATC during an urgent altitude revision request.
| Attributes | |
| ACN | 1705437 |
| Time | |
| Date | 201911 |
| Local Time Of Day | 1201-1800 |
| Place | |
| Locale Reference | ZZZ.ARTCC |
| State Reference | US |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Make Model Name | Learjet 36 |
| Operating Under FAR Part | Part 91 |
| Flight Phase | Climb |
| Route In Use | Oceanic |
| Flight Plan | IFR |
| Person 1 | |
| Function | Pilot Not Flying First Officer |
| Qualification | Flight Crew Air Transport Pilot (ATP) Flight Crew Flight Instructor Flight Crew Instrument Flight Crew Multiengine |
| Experience | Flight Crew Last 90 Days 120 Flight Crew Total 24500 Flight Crew Type 530 |
| Person 2 | |
| Function | Pilot Flying Captain |
| Qualification | Flight Crew Multiengine Flight Crew Instrument Flight Crew Air Transport Pilot (ATP) |
| Events | |
| Anomaly | Aircraft Equipment Problem Less Severe Deviation - Altitude Excursion From Assigned Altitude Deviation - Procedural Clearance Deviation - Procedural Published Material / Policy |
Narrative:
While enroute to maui hi from ZZZ. We were cleared to flight level 400. Prior to entering oceanic airspace it became clear that we were not going to be able to make FL400. I requested to stop at FL380 but was told there was traffic 80 miles ahead at the same altitude; so I was told to climb to FL390. At approximately 38700 ft. The airplane became unstable and was very close to the stall speed. I took emergency action by turning off the airway and started a decent to FL380 at the same time advising ATC of my actions. I was about to [request priority handling] when ATC told me to continue to fl 370. As soon as I started down the aircraft was stable and no other action was needed. I never got a chance to [request priority handling] due to the controller giving me the decent. The aircraft never entered a stall and due to my actions and the controllers the aircraft was in control the whole time.was told to contact ATC which I did upon arriving in maui and I explained my actions to the controller. I used emergency authority to prevent the aircraft from stalling and endangering my passengers and other aircraft who could have been below me.
Original NASA ASRS Text
Title: LR-36 flight crew reported a communications breakdown with ATC during an urgent altitude revision request.
Narrative: While enroute to Maui HI from ZZZ. We were cleared to flight level 400. Prior to entering Oceanic airspace it became clear that we were not going to be able to make FL400. I requested to stop at FL380 but was told there was traffic 80 miles ahead at the same altitude; so I was told to climb to FL390. At approximately 38700 ft. the airplane became unstable and was very close to the stall speed. I took emergency action by turning off the airway and started a decent to FL380 at the same time advising ATC of my actions. I was about to [Request Priority Handling] when ATC told me to continue to FL 370. As soon as I started down the aircraft was stable and no other action was needed. I never got a chance to [Request Priority Handling] due to the Controller giving me the decent. The aircraft never entered a stall and due to my actions and the controllers the aircraft was in control the whole time.Was told to contact ATC which I did upon arriving in Maui and I explained my actions to the Controller. I used emergency authority to prevent the aircraft from stalling and endangering my passengers and other aircraft who could have been below me.
Data retrieved from NASA's ASRS site 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.