<< >> NASA ASRS Report 234754, February 1993

TRACON departure controller behavior aggression in clearance amended. ATC jurisdiction over VFR traffic climbing out of arsa.

Attributes
ACN	234754
Time
Date	199302
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : roc
State Reference	NY
Altitude	msl bound lower : 5000 msl bound upper : 6000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : roc tracon : dtw
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	enroute : on vectors
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Experience	flight time last 90 days : 200 flight time total : 3500 flight time type : 2000
ASRS Report	234754
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	non adherence : clearance non adherence : published procedure other anomaly other other spatial deviation
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance none taken : anomaly accepted other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

Departed runway 22 at roc, VFR, flying runway heading until climbing through the arsa. Informed controller we were turning on course. He asked us to stay on runway heading. We returned to runway heading. Controller turned us on course, asked us to maintain at or below 6000 ft. We advised him we were VFR and he said 'I gave you an instruction and I expect you to comply with it.' we turned on course and maintained 6000 ft. While I fully realize that it is the controller's primary responsibility to separate aircraft, while VFR above an arsa we could've easily climbed to our cruising altitude. Such would be the case if we were overflying rochester and not receiving advisories. In our case, it would have been nice if the controller had suggested a heading or altitude because of traffic rather than demand it.

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Original NASA ASRS Text

Title: TRACON DEP CTLR BEHAVIOR AGGRESSION IN CLRNC AMENDED. ATC JURISDICTION OVER VFR TFC CLBING OUT OF ARSA.

Narrative: DEPARTED RWY 22 AT ROC, VFR, FLYING RWY HDG UNTIL CLBING THROUGH THE ARSA. INFORMED CTLR WE WERE TURNING ON COURSE. HE ASKED US TO STAY ON RWY HDG. WE RETURNED TO RWY HDG. CTLR TURNED US ON COURSE, ASKED US TO MAINTAIN AT OR BELOW 6000 FT. WE ADVISED HIM WE WERE VFR AND HE SAID 'I GAVE YOU AN INSTRUCTION AND I EXPECT YOU TO COMPLY WITH IT.' WE TURNED ON COURSE AND MAINTAINED 6000 FT. WHILE I FULLY REALIZE THAT IT IS THE CTLR'S PRIMARY RESPONSIBILITY TO SEPARATE ACFT, WHILE VFR ABOVE AN ARSA WE COULD'VE EASILY CLBED TO OUR CRUISING ALT. SUCH WOULD BE THE CASE IF WE WERE OVERFLYING ROCHESTER AND NOT RECEIVING ADVISORIES. IN OUR CASE, IT WOULD HAVE BEEN NICE IF THE CTLR HAD SUGGESTED A HDG OR ALT BECAUSE OF TFC RATHER THAN DEMAND IT.

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.