Non adherence to ATC clearance in descent procedure concerns first officer of cpr jet, in that being...

Attributes
ACN	242629
Time
Date	199305
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : ldj
State Reference	NJ
Altitude	msl bound lower : 1500 msl bound upper : 1500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : ewr
Operator	general aviation : corporate
Make Model Name	Light Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	cruise other descent other
Route In Use	approach : visual
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 100 flight time total : 6000 flight time type : 2000
ASRS Report	242629
Person 2
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi
Experience	flight time last 90 days : 100 flight time total : 19000 flight time type : 2000
ASRS Report	242812
Events
Anomaly	altitude deviation : undershoot non adherence : far non adherence : clearance
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

During our approach to linden, nj, we had been cleared for the visual approach, except maintain 2000 ft. The ny approach controller instructed us to contact newark (ewr) tower. Lincoln (ldj) airport is uncontrolled and in the air traffic area of newark airport. Newark tower cleared us for the visual approach, deleting the altitude restriction. I was instructed at this time to cancel IFR, which I did. Newark tower acknowledged cancellation of IFR and then said (I believe this was a warning) 'traffic pattern altitude at linden 800 ft, cleared under the TCA.' I suggested to the PF (who is the department manager) that we descend to 800 ft now to avoid the TCA. At this time we were at 1500 ft but did not descend to 800 ft prior to reaching the TCA boundary. I believe this could have been avoided if I had refused to cancel IFR or if we had briefed about the TCA altitudes and boundaries prior to our flight. Better crew resource management could have avoided this possible TCA incursion. I call it a 'possible' TCA incursion because we were already in the TCA on our IFR flight plan when we cancelled, so our clearance to be there when we cancelled may be inferred. Also, I'll not be so hasty (or complacent) when it comes to cancelling IFR. This isn't the first time I've regretted it.

Original NASA ASRS Text

Title: NON ADHERENCE TO ATC CLRNC IN DSCNT PROC CONCERNS FO OF CPR JET, IN THAT BEING VFR WHILE DSNDING OUT OF TCA MIGHT BE A VIOLATION OF FARS.

Narrative: DURING OUR APCH TO LINDEN, NJ, WE HAD BEEN CLRED FOR THE VISUAL APCH, EXCEPT MAINTAIN 2000 FT. THE NY APCH CTLR INSTRUCTED US TO CONTACT NEWARK (EWR) TWR. LINCOLN (LDJ) ARPT IS UNCTLED AND IN THE ATA OF NEWARK ARPT. NEWARK TWR CLRED US FOR THE VISUAL APCH, DELETING THE ALT RESTRICTION. I WAS INSTRUCTED AT THIS TIME TO CANCEL IFR, WHICH I DID. NEWARK TWR ACKNOWLEDGED CANCELLATION OF IFR AND THEN SAID (I BELIEVE THIS WAS A WARNING) 'TFC PATTERN ALT AT LINDEN 800 FT, CLRED UNDER THE TCA.' I SUGGESTED TO THE PF (WHO IS THE DEPT MGR) THAT WE DSND TO 800 FT NOW TO AVOID THE TCA. AT THIS TIME WE WERE AT 1500 FT BUT DID NOT DSND TO 800 FT PRIOR TO REACHING THE TCA BOUNDARY. I BELIEVE THIS COULD HAVE BEEN AVOIDED IF I HAD REFUSED TO CANCEL IFR OR IF WE HAD BRIEFED ABOUT THE TCA ALTS AND BOUNDARIES PRIOR TO OUR FLT. BETTER CREW RESOURCE MGMNT COULD HAVE AVOIDED THIS POSSIBLE TCA INCURSION. I CALL IT A 'POSSIBLE' TCA INCURSION BECAUSE WE WERE ALREADY IN THE TCA ON OUR IFR FLT PLAN WHEN WE CANCELLED, SO OUR CLRNC TO BE THERE WHEN WE CANCELLED MAY BE INFERRED. ALSO, I'LL NOT BE SO HASTY (OR COMPLACENT) WHEN IT COMES TO CANCELLING IFR. THIS ISN'T THE FIRST TIME I'VE REGRETTED 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.

Non adherence to ATC clearance in descent procedure concerns first officer of cpr jet, in that being VFR while descending out of TCA might be a violation of FARS.