Narrative:

My student and I departed mlb in an small aircraft on nov/fri/93. The student was of a foreign backgnd (from country X) working on his private pilot certificate and had a considerably hard time communicating on both the radio and in the cockpit. We planned to depart northbound at 2500 ft MSL to tix, perform a touch-and-go, then return to mlb. En route to tix we would transition the cof class D airspace. The mlb and cof class D areas join together on a straight line just northeast of melbourne (see enclosed chart copy). The medium large transport ATIS usually has a statement regarding flight at or above 2000 ft in the medium large transport class D. It says to 'advise the tower if you'll be at or above 2000 ft in the class D surface area.' this is due to arriving military traffic to runway 2 at cof. When calling the tower for takeoff, we advised that we'd be climbing to 2500 ft. We took off and climbed uneventfully, and medium large transport tower never called and told us to change over to patrick tower at the usual time because of extreme frequency congestion. I was finally able to break in and advise the tower we would change over to patrick tower. At this point, we were still in mlb's class D. On patrick's frequency, 133.75, there was also very heavy congestion. Several large jets were in the pattern. I told my student to contact the tower as soon as we changed over, and he hesitated because he was still unsure of what to say, even though we had done this before. I then took the microphone after about 10-20 seconds of his hesitation and tried to call, but could not transmit due to another aircraft calling. The aircraft that called was a military small transport on final approach to runway 2 at patrick that informed the tower he had to 'dive to miss a small single engine plane.' I immediately looked outside, off to my right and low, but could not see any other aircraft. I never saw the small transport the whole time, and guessed that it must have been below the wing. I called patrick tower right after that and informed him of our position. I was still in the mlb class D area when this occurred. I was over the west bank of the indian river, and the extended centerline of runway 2 intersects the west bank inside mlb's class D area. This piece of airspace seems to be quite dangerous. This was not the first time a similar situation has occurred here. Other instructors had difficulty or confusion transitioning between the 2 class D areas. The message in the ATIS states to advise the tower if you're going above 2000 ft in the class D. Does mlb control the top 500 ft of the class D or does patrick? There is no mention of this in any pubs I have seen. In a class D area, we cannot change frequency until clear of the area unless advised to do so. If the mlb tower doesn't say anything, how can pilots change to patrick without violating the airspace? Also, pilots who are unfamiliar with the area and are not landing but are transitioning the class D don't listen to the ATIS. They call mlb tower from the south to transition, and the tower then has to tell them they need to contact patrick approach if they're between 2000-2500 ft. Is there any way to have this airspace in the mlb class D area depicted on a chart? This incident could have been avoided if we were handed off to patrick tower in a more timely manner. We had been above 2000 ft for at least a min and were still talking to melbourne. This unusual airspace area should be addressed and considered for charting.

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Original NASA ASRS Text

Title: A CIVILIAN SMA CAUSED A MIL SMT TO TAKE EVASIVE ACTION DIVE TO AVOID AN NMAC.

Narrative: MY STUDENT AND I DEPARTED MLB IN AN SMA ON NOV/FRI/93. THE STUDENT WAS OF A FOREIGN BACKGND (FROM COUNTRY X) WORKING ON HIS PVT PLT CERTIFICATE AND HAD A CONSIDERABLY HARD TIME COMMUNICATING ON BOTH THE RADIO AND IN THE COCKPIT. WE PLANNED TO DEPART NBOUND AT 2500 FT MSL TO TIX, PERFORM A TOUCH-AND-GO, THEN RETURN TO MLB. ENRTE TO TIX WE WOULD TRANSITION THE COF CLASS D AIRSPACE. THE MLB AND COF CLASS D AREAS JOIN TOGETHER ON A STRAIGHT LINE JUST NE OF MELBOURNE (SEE ENCLOSED CHART COPY). THE MLG ATIS USUALLY HAS A STATEMENT REGARDING FLT AT OR ABOVE 2000 FT IN THE MLG CLASS D. IT SAYS TO 'ADVISE THE TWR IF YOU'LL BE AT OR ABOVE 2000 FT IN THE CLASS D SURFACE AREA.' THIS IS DUE TO ARRIVING MIL TFC TO RWY 2 AT COF. WHEN CALLING THE TWR FOR TKOF, WE ADVISED THAT WE'D BE CLBING TO 2500 FT. WE TOOK OFF AND CLBED UNEVENTFULLY, AND MLG TWR NEVER CALLED AND TOLD US TO CHANGE OVER TO PATRICK TWR AT THE USUAL TIME BECAUSE OF EXTREME FREQ CONGESTION. I WAS FINALLY ABLE TO BREAK IN AND ADVISE THE TWR WE WOULD CHANGE OVER TO PATRICK TWR. AT THIS POINT, WE WERE STILL IN MLB'S CLASS D. ON PATRICK'S FREQ, 133.75, THERE WAS ALSO VERY HVY CONGESTION. SEVERAL LARGE JETS WERE IN THE PATTERN. I TOLD MY STUDENT TO CONTACT THE TWR AS SOON AS WE CHANGED OVER, AND HE HESITATED BECAUSE HE WAS STILL UNSURE OF WHAT TO SAY, EVEN THOUGH WE HAD DONE THIS BEFORE. I THEN TOOK THE MICROPHONE AFTER ABOUT 10-20 SECONDS OF HIS HESITATION AND TRIED TO CALL, BUT COULD NOT XMIT DUE TO ANOTHER ACFT CALLING. THE ACFT THAT CALLED WAS A MIL SMT ON FINAL APCH TO RWY 2 AT PATRICK THAT INFORMED THE TWR HE HAD TO 'DIVE TO MISS A SMALL SINGLE ENG PLANE.' I IMMEDIATELY LOOKED OUTSIDE, OFF TO MY R AND LOW, BUT COULD NOT SEE ANY OTHER ACFT. I NEVER SAW THE SMT THE WHOLE TIME, AND GUESSED THAT IT MUST HAVE BEEN BELOW THE WING. I CALLED PATRICK TWR RIGHT AFTER THAT AND INFORMED HIM OF OUR POS. I WAS STILL IN THE MLB CLASS D AREA WHEN THIS OCCURRED. I WAS OVER THE W BANK OF THE INDIAN RIVER, AND THE EXTENDED CTRLINE OF RWY 2 INTERSECTS THE W BANK INSIDE MLB'S CLASS D AREA. THIS PIECE OF AIRSPACE SEEMS TO BE QUITE DANGEROUS. THIS WAS NOT THE FIRST TIME A SIMILAR SIT HAS OCCURRED HERE. OTHER INSTRUCTORS HAD DIFFICULTY OR CONFUSION TRANSITIONING BTWN THE 2 CLASS D AREAS. THE MESSAGE IN THE ATIS STATES TO ADVISE THE TWR IF YOU'RE GOING ABOVE 2000 FT IN THE CLASS D. DOES MLB CTL THE TOP 500 FT OF THE CLASS D OR DOES PATRICK? THERE IS NO MENTION OF THIS IN ANY PUBS I HAVE SEEN. IN A CLASS D AREA, WE CANNOT CHANGE FREQ UNTIL CLR OF THE AREA UNLESS ADVISED TO DO SO. IF THE MLB TWR DOESN'T SAY ANYTHING, HOW CAN PLTS CHANGE TO PATRICK WITHOUT VIOLATING THE AIRSPACE? ALSO, PLTS WHO ARE UNFAMILIAR WITH THE AREA AND ARE NOT LNDG BUT ARE TRANSITIONING THE CLASS D DON'T LISTEN TO THE ATIS. THEY CALL MLB TWR FROM THE S TO TRANSITION, AND THE TWR THEN HAS TO TELL THEM THEY NEED TO CONTACT PATRICK APCH IF THEY'RE BTWN 2000-2500 FT. IS THERE ANY WAY TO HAVE THIS AIRSPACE IN THE MLB CLASS D AREA DEPICTED ON A CHART? THIS INCIDENT COULD HAVE BEEN AVOIDED IF WE WERE HANDED OFF TO PATRICK TWR IN A MORE TIMELY MANNER. WE HAD BEEN ABOVE 2000 FT FOR AT LEAST A MIN AND WERE STILL TALKING TO MELBOURNE. THIS UNUSUAL AIRSPACE AREA SHOULD BE ADDRESSED AND CONSIDERED FOR CHARTING.

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.