Unauthorized penetration of class D airspace.

Attributes
ACN	296365
Time
Date	199502
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : eyw
State Reference	FL
Altitude	msl bound lower : 2000 msl bound upper : 2000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : eyw tower : nqx tower : eyw
Operator	general aviation : instructional
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot instruction : trainee
Qualification	pilot : commercial pilot : instrument
Experience	flight time last 90 days : 10 flight time total : 300 flight time type : 20
ASRS Report	296365
Person 2
Affiliation	Other
Function	instruction : instructor oversight : pic
Qualification	pilot : cfi pilot : commercial pilot : instrument
Events
Anomaly	non adherence : far other anomaly other other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : detected after the fact
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Myself and accompanying cfii-mei departed marathon, fl, at about XA35 local after filing an IFR flight plan with miami FSS on the ground. The plan was filed out of key west, IFR to melbourne, fl, via V225 vrb U3. In remarks, I put 'air pickup in key west.' our plan was to cruise down the keys to key west at 1500 ft, then pick up our IFR to mlb. As we approached key west, about 10 mi from the NAS (navel air station) we dialed up approach frequency on the approach chart -- the CFI was handling the radio - his initial call (on 124.40) was 'key west, seminole. XXXX.' the controller's response was seminole-X squawk XXXX. We were waiting for a 'radar contact' and subsequent clearance. Instead, the controller stated 'all VFR aircraft contact approach on 119.xx.' since we were expecting an IFR clearance (although we had not said IFR, the immediate squawk was confusing.' after a min of discussion in the cockpit, we switched frequency and asked the next controller. That controller stated that the other frequency, 124.40 would be the frequency for IFR pickup. We switched again, and responded, 'seminole-X.' the controller, impatient this time, said, 'all VFR aircraft contact approach on 119.xx.' we then stated that we wanted to pick up our IFR clearance to melbourne.' the controller then went and retrieved our clearance, issued a new squawk, and we were on our way. The problem was that by this time, we were abeam key west international at 2000 ft. There was a broken layer of clouds at 2500 ft that prohibited a climb to avoid the airspace. I believe we entered the class D of both the navel air station and the international. I think that it would not have occurred if we had stated that we wanted to pick up an IFR clearance originally and the controller had not assumed that we wanted VFR advisories. In the future, I will be sure to say that we have an IFR flight plan on file (we were within 5 min of the filed time of departure when we contacted key west approach). Also, the controller should have said, 'squawk XXXX for VFR advisories.' that would have made clear what the squawk was for.

Original NASA ASRS Text

Title: UNAUTH PENETRATION OF CLASS D AIRSPACE.

Narrative: MYSELF AND ACCOMPANYING CFII-MEI DEPARTED MARATHON, FL, AT ABOUT XA35 LCL AFTER FILING AN IFR FLT PLAN WITH MIAMI FSS ON THE GND. THE PLAN WAS FILED OUT OF KEY WEST, IFR TO MELBOURNE, FL, VIA V225 VRB U3. IN REMARKS, I PUT 'AIR PICKUP IN KEY WEST.' OUR PLAN WAS TO CRUISE DOWN THE KEYS TO KEY WEST AT 1500 FT, THEN PICK UP OUR IFR TO MLB. AS WE APCHED KEY WEST, ABOUT 10 MI FROM THE NAS (NAVEL AIR STATION) WE DIALED UP APCH FREQ ON THE APCH CHART -- THE CFI WAS HANDLING THE RADIO - HIS INITIAL CALL (ON 124.40) WAS 'KEY WEST, SEMINOLE. XXXX.' THE CTLR'S RESPONSE WAS SEMINOLE-X SQUAWK XXXX. WE WERE WAITING FOR A 'RADAR CONTACT' AND SUBSEQUENT CLRNC. INSTEAD, THE CTLR STATED 'ALL VFR ACFT CONTACT APCH ON 119.XX.' SINCE WE WERE EXPECTING AN IFR CLRNC (ALTHOUGH WE HAD NOT SAID IFR, THE IMMEDIATE SQUAWK WAS CONFUSING.' AFTER A MIN OF DISCUSSION IN THE COCKPIT, WE SWITCHED FREQ AND ASKED THE NEXT CTLR. THAT CTLR STATED THAT THE OTHER FREQ, 124.40 WOULD BE THE FREQ FOR IFR PICKUP. WE SWITCHED AGAIN, AND RESPONDED, 'SEMINOLE-X.' THE CTLR, IMPATIENT THIS TIME, SAID, 'ALL VFR ACFT CONTACT APCH ON 119.XX.' WE THEN STATED THAT WE WANTED TO PICK UP OUR IFR CLRNC TO MELBOURNE.' THE CTLR THEN WENT AND RETRIEVED OUR CLRNC, ISSUED A NEW SQUAWK, AND WE WERE ON OUR WAY. THE PROB WAS THAT BY THIS TIME, WE WERE ABEAM KEY WEST INTL AT 2000 FT. THERE WAS A BROKEN LAYER OF CLOUDS AT 2500 FT THAT PROHIBITED A CLB TO AVOID THE AIRSPACE. I BELIEVE WE ENTERED THE CLASS D OF BOTH THE NAVEL AIR STATION AND THE INTL. I THINK THAT IT WOULD NOT HAVE OCCURRED IF WE HAD STATED THAT WE WANTED TO PICK UP AN IFR CLRNC ORIGINALLY AND THE CTLR HAD NOT ASSUMED THAT WE WANTED VFR ADVISORIES. IN THE FUTURE, I WILL BE SURE TO SAY THAT WE HAVE AN IFR FLT PLAN ON FILE (WE WERE WITHIN 5 MIN OF THE FILED TIME OF DEP WHEN WE CONTACTED KEY WEST APCH). ALSO, THE CTLR SHOULD HAVE SAID, 'SQUAWK XXXX FOR VFR ADVISORIES.' THAT WOULD HAVE MADE CLR WHAT THE SQUAWK WAS FOR.

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.