Small transport assigned IFR altitude below MVA. System error. Pilot deviation.

Attributes
ACN	197650
Time
Date	199112
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : hbr
State Reference	OK
Altitude	msl bound lower : 3000 msl bound upper : 3000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : lts
Operator	general aviation : corporate
Make Model Name	Small Transport
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : commercial pilot : instrument
Experience	flight time last 90 days : 150 flight time total : 1200 flight time type : 150
ASRS Report	197650
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	non adherence : published procedure other spatial deviation
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

A training flight for 2 qualified me pilots was scheduled from altus municipal to clinton-sherman and back (clinton- sherman approximately 40 NM north of altus). WX brief indicated 4000 overcast 15 mi visibility for the entire flight. A look outside suggested the forecast was off the mark and an IFR flight plan was quickly filed at 3000 ft (a common VFR altitude used for this type of flight) direct to burns flat VOR. Shortly after level off at 3000 (clearance was received immediately after takeoff from altus departure), the pilots (who were very familiar with the area) realized that MSA was 3600 and queried controller to MVA which the controller replied was also 3600 ft. Pilots requested immediate climb to 5000 ft and it was granted. Conditions were IFR. The cause was improper flight planning (failure to check obstacle clearance on an off airway/direct routing). Luckily the PF caught this mistake and corrected it almost immediately (even so we still had over 600 ft clearance from highest obstacle). The real problem is that the departure controller never said a word even though the aircraft was headed towards the highest terrain in the quadrant. Obstacle clearance off airway is pilot's responsibility, but controllers are supposed to advise of low altitude time/workload permitting. We were the only civil aircraft being controled at the time and the military was not flying that day. A call to departure the next day indicated the low level altitude warning system (llaws) was active and the controller should have received the warning as we were more than 100 ft below MVA as well as he read us the clearance, yet no mention of our low altitude was made because it is 'optional' and the controller 'opted' not to bother. The bottom line here is that in the interest of safety, controllers need to back up pilots and vice versa. Altus departure gave the impression on the telephone that if a pilot flew into the ground that is sad but not their fault -- it's only an option to warn the pilot.

Original NASA ASRS Text

Title: SMT ASSIGNED IFR ALT BELOW MVA. SYS ERROR. PLTDEV.

Narrative: A TRAINING FLT FOR 2 QUALIFIED ME PLTS WAS SCHEDULED FROM ALTUS MUNICIPAL TO CLINTON-SHERMAN AND BACK (CLINTON- SHERMAN APPROX 40 NM N OF ALTUS). WX BRIEF INDICATED 4000 OVCST 15 MI VISIBILITY FOR THE ENTIRE FLT. A LOOK OUTSIDE SUGGESTED THE FORECAST WAS OFF THE MARK AND AN IFR FLT PLAN WAS QUICKLY FILED AT 3000 FT (A COMMON VFR ALT USED FOR THIS TYPE OF FLT) DIRECT TO BURNS FLAT VOR. SHORTLY AFTER LEVEL OFF AT 3000 (CLRNC WAS RECEIVED IMMEDIATELY AFTER TKOF FROM ALTUS DEP), THE PLTS (WHO WERE VERY FAMILIAR WITH THE AREA) REALIZED THAT MSA WAS 3600 AND QUERIED CTLR TO MVA WHICH THE CTLR REPLIED WAS ALSO 3600 FT. PLTS REQUESTED IMMEDIATE CLB TO 5000 FT AND IT WAS GRANTED. CONDITIONS WERE IFR. THE CAUSE WAS IMPROPER FLT PLANNING (FAILURE TO CHK OBSTACLE CLRNC ON AN OFF AIRWAY/DIRECT RTING). LUCKILY THE PF CAUGHT THIS MISTAKE AND CORRECTED IT ALMOST IMMEDIATELY (EVEN SO WE STILL HAD OVER 600 FT CLRNC FROM HIGHEST OBSTACLE). THE REAL PROBLEM IS THAT THE DEP CTLR NEVER SAID A WORD EVEN THOUGH THE ACFT WAS HEADED TOWARDS THE HIGHEST TERRAIN IN THE QUADRANT. OBSTACLE CLRNC OFF AIRWAY IS PLT'S RESPONSIBILITY, BUT CTLRS ARE SUPPOSED TO ADVISE OF LOW ALT TIME/WORKLOAD PERMITTING. WE WERE THE ONLY CIVIL ACFT BEING CTLED AT THE TIME AND THE MIL WAS NOT FLYING THAT DAY. A CALL TO DEP THE NEXT DAY INDICATED THE LOW LEVEL ALT WARNING SYS (LLAWS) WAS ACTIVE AND THE CTLR SHOULD HAVE RECEIVED THE WARNING AS WE WERE MORE THAN 100 FT BELOW MVA AS WELL AS HE READ US THE CLRNC, YET NO MENTION OF OUR LOW ALT WAS MADE BECAUSE IT IS 'OPTIONAL' AND THE CTLR 'OPTED' NOT TO BOTHER. THE BOTTOM LINE HERE IS THAT IN THE INTEREST OF SAFETY, CTLRS NEED TO BACK UP PLTS AND VICE VERSA. ALTUS DEP GAVE THE IMPRESSION ON THE TELEPHONE THAT IF A PLT FLEW INTO THE GND THAT IS SAD BUT NOT THEIR FAULT -- IT'S ONLY AN OPTION TO WARN THE PLT.

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.