Private pilot of an small aircraft sel penetrated a restr area which he believed was not being used.

Attributes
ACN	308326
Time
Date	199506
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : fd04
State Reference	FL
Altitude	msl bound lower : 3000 msl bound upper : 3000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zjx
Operator	general aviation : personal
Make Model Name	Twin Otter DHC-6-300
Operating Under FAR Part	Part 91
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private
Experience	flight time last 90 days : 40 flight time total : 1200 flight time type : 90
ASRS Report	308326
Person 2
Affiliation	government : faa
Function	other personnel other
Qualification	controller : non radar
Events
Anomaly	other anomaly other other anomaly other
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Departed FD04-leeward air ranch jun/fri/95 XA30 local VFR. Before departure, confirmed with FSS that R2910 was cold. Contacted jax approach upon departure and confirmed route of flight landing ormond beach (omn). Jax controller handled me for about 15 mins and called me to let me know I was in a restr area. I confirmed my position and told controller that I had confirmed R2910 cold. He stated area was hot and told me service was terminated and gave me frequency for daytona approach. I contacted daytona approach and they gave me flight following to omn. I have been flying 16 yrs and traverse this area frequently and, while generally uneventful, this was just unusual so I felt it should be reported. Callback conversation with reporter revealed the following information: reporter stated that he was never further contacted by the FAA regarding this matter. He believes that the matter was dropped since he was already departing the restr area and that another controller had probably not spoken up about his proposed route through the area as not being acceptable! He has since discussed this matter with former controllers and found that he has not in the past asked for permission to go through the restricted area prior to entering it. He was advised to first stay clear and ask the controling agency before attempting flight through the area and that FSS does not have authority/authorized to indicate permission even if the area is not 'hot,' or active!

Original NASA ASRS Text

Title: PVT PLT OF AN SMA SEL PENETRATED A RESTR AREA WHICH HE BELIEVED WAS NOT BEING USED.

Narrative: DEPARTED FD04-LEEWARD AIR RANCH JUN/FRI/95 XA30 LCL VFR. BEFORE DEP, CONFIRMED WITH FSS THAT R2910 WAS COLD. CONTACTED JAX APCH UPON DEP AND CONFIRMED RTE OF FLT LNDG ORMOND BEACH (OMN). JAX CTLR HANDLED ME FOR ABOUT 15 MINS AND CALLED ME TO LET ME KNOW I WAS IN A RESTR AREA. I CONFIRMED MY POS AND TOLD CTLR THAT I HAD CONFIRMED R2910 COLD. HE STATED AREA WAS HOT AND TOLD ME SVC WAS TERMINATED AND GAVE ME FREQ FOR DAYTONA APCH. I CONTACTED DAYTONA APCH AND THEY GAVE ME FLT FOLLOWING TO OMN. I HAVE BEEN FLYING 16 YRS AND TRAVERSE THIS AREA FREQUENTLY AND, WHILE GENERALLY UNEVENTFUL, THIS WAS JUST UNUSUAL SO I FELT IT SHOULD BE RPTED. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE WAS NEVER FURTHER CONTACTED BY THE FAA REGARDING THIS MATTER. HE BELIEVES THAT THE MATTER WAS DROPPED SINCE HE WAS ALREADY DEPARTING THE RESTR AREA AND THAT ANOTHER CTLR HAD PROBABLY NOT SPOKEN UP ABOUT HIS PROPOSED RTE THROUGH THE AREA AS NOT BEING ACCEPTABLE! HE HAS SINCE DISCUSSED THIS MATTER WITH FORMER CTLRS AND FOUND THAT HE HAS NOT IN THE PAST ASKED FOR PERMISSION TO GO THROUGH THE RESTRICTED AREA PRIOR TO ENTERING IT. HE WAS ADVISED TO FIRST STAY CLR AND ASK THE CTLING AGENCY BEFORE ATTEMPTING FLT THROUGH THE AREA AND THAT FSS DOES NOT HAVE AUTH TO INDICATE PERMISSION EVEN IF THE AREA IS NOT 'HOT,' OR ACTIVE!

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.