Narrative:

While acting as the PNF first officer on a scheduled flight from sjd to sfo, our aircraft apparently exceeded a 10 DME radius of the airport when departing VFR on an IFR clearance. The WX was essentially cavu. Our clearance was to depart on runway 16, make a left turn of 200 degrees to join the los cabos 320 degree radial to the northwest (VOR located at the airport). Our departure was normal though our left turn was slightly delayed and shallow once initiated. At approximately 4 mins into the flight, the los cabos tower requested our position and altitude. I replied we were climbing through 6000 ft to our assigned altitude and approximately 12 mi to the east. The tower then informed us we had exceeded the 10 mi limit from the airport on our departure, and stated he would submit a report. The tower then advised there was an inbound 727 from the east, and while no conflict was present, he said this was the reason for the 10 mi turn restr. Tower advised that if we wished to deviate, we should advise the tower prior to accepting an IFR clearance. Presently we joined the airway and continued normally. Before receiving our IFR clearance, that captain briefed that his intention was to depart in VFR conditions with a left turn to join the airway. Had we been advised of the inbound traffic and potential conflict, we would have initiated a turn earlier and increased the angle of bank. I was not aware of the captain's plans for a delayed turn with a shallow bank angle. I was not overly concerned at the time due to the excellent WX and absence of any reported traffic. In retrospect, we should have advised ATC on requesting our clearance or insisted the captain increase the rate of turn so as to remain within the confines of the departure zone. Callback conversation with reporter revealed the following information: the reporter flies the md-80 for a small united states international air carrier. His captain was new both to the aircraft and the route and had been off work for some time due to surgery. The normal procedure for departing sjd is to ask for a VFR departure if the crew wants to do some 'sight-seeing.' if such a request is not made, sjd tower, which has no radar, assumes that the crew wants a standard IFR departure. In this incident, the captain briefed for a standard departure, the first officer asked for a standard departure, then the captain flew a modified, nonstandard departure. The captain had been to sjd only once before and did not understand the procedures. The first officer was distracted by radio calls to the company and the climb checklist and did not know that the captain had gone outside the 10 mi limit. When sjd tower asked the aircraft's position, the first officer did not have the presence of mind to say an untruth, less than 10 mi, and reported 12 mi. The first officer has reported this incident both to his chief pilot and his union and is waiting to hear from the FAA. As the WX was VMC, language had no bearing on this incident.

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Original NASA ASRS Text

Title: TRACK DEV ON DEP.

Narrative: WHILE ACTING AS THE PNF FO ON A SCHEDULED FLT FROM SJD TO SFO, OUR ACFT APPARENTLY EXCEEDED A 10 DME RADIUS OF THE ARPT WHEN DEPARTING VFR ON AN IFR CLRNC. THE WX WAS ESSENTIALLY CAVU. OUR CLRNC WAS TO DEPART ON RWY 16, MAKE A L TURN OF 200 DEGS TO JOIN THE LOS CABOS 320 DEG RADIAL TO THE NW (VOR LOCATED AT THE ARPT). OUR DEP WAS NORMAL THOUGH OUR L TURN WAS SLIGHTLY DELAYED AND SHALLOW ONCE INITIATED. AT APPROX 4 MINS INTO THE FLT, THE LOS CABOS TWR REQUESTED OUR POS AND ALT. I REPLIED WE WERE CLBING THROUGH 6000 FT TO OUR ASSIGNED ALT AND APPROX 12 MI TO THE E. THE TWR THEN INFORMED US WE HAD EXCEEDED THE 10 MI LIMIT FROM THE ARPT ON OUR DEP, AND STATED HE WOULD SUBMIT A RPT. THE TWR THEN ADVISED THERE WAS AN INBOUND 727 FROM THE E, AND WHILE NO CONFLICT WAS PRESENT, HE SAID THIS WAS THE REASON FOR THE 10 MI TURN RESTR. TWR ADVISED THAT IF WE WISHED TO DEVIATE, WE SHOULD ADVISE THE TWR PRIOR TO ACCEPTING AN IFR CLRNC. PRESENTLY WE JOINED THE AIRWAY AND CONTINUED NORMALLY. BEFORE RECEIVING OUR IFR CLRNC, THAT CAPT BRIEFED THAT HIS INTENTION WAS TO DEPART IN VFR CONDITIONS WITH A L TURN TO JOIN THE AIRWAY. HAD WE BEEN ADVISED OF THE INBOUND TFC AND POTENTIAL CONFLICT, WE WOULD HAVE INITIATED A TURN EARLIER AND INCREASED THE ANGLE OF BANK. I WAS NOT AWARE OF THE CAPT'S PLANS FOR A DELAYED TURN WITH A SHALLOW BANK ANGLE. I WAS NOT OVERLY CONCERNED AT THE TIME DUE TO THE EXCELLENT WX AND ABSENCE OF ANY RPTED TFC. IN RETROSPECT, WE SHOULD HAVE ADVISED ATC ON REQUESTING OUR CLRNC OR INSISTED THE CAPT INCREASE THE RATE OF TURN SO AS TO REMAIN WITHIN THE CONFINES OF THE DEP ZONE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR FLIES THE MD-80 FOR A SMALL UNITED STATES INTL ACR. HIS CAPT WAS NEW BOTH TO THE ACFT AND THE RTE AND HAD BEEN OFF WORK FOR SOME TIME DUE TO SURGERY. THE NORMAL PROC FOR DEPARTING SJD IS TO ASK FOR A VFR DEP IF THE CREW WANTS TO DO SOME 'SIGHT-SEEING.' IF SUCH A REQUEST IS NOT MADE, SJD TWR, WHICH HAS NO RADAR, ASSUMES THAT THE CREW WANTS A STANDARD IFR DEP. IN THIS INCIDENT, THE CAPT BRIEFED FOR A STANDARD DEP, THE FO ASKED FOR A STANDARD DEP, THEN THE CAPT FLEW A MODIFIED, NONSTANDARD DEP. THE CAPT HAD BEEN TO SJD ONLY ONCE BEFORE AND DID NOT UNDERSTAND THE PROCS. THE FO WAS DISTRACTED BY RADIO CALLS TO THE COMPANY AND THE CLB CHKLIST AND DID NOT KNOW THAT THE CAPT HAD GONE OUTSIDE THE 10 MI LIMIT. WHEN SJD TWR ASKED THE ACFT'S POS, THE FO DID NOT HAVE THE PRESENCE OF MIND TO SAY AN UNTRUTH, LESS THAN 10 MI, AND RPTED 12 MI. THE FO HAS RPTED THIS INCIDENT BOTH TO HIS CHIEF PLT AND HIS UNION AND IS WAITING TO HEAR FROM THE FAA. AS THE WX WAS VMC, LANGUAGE HAD NO BEARING ON THIS INCIDENT.

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.