Narrative:

A person from the university called and asked if somebody could fly a photographer over the sports event the next day since they were too busy. I told them I would. The next day I arrived at the airport early and called the tower at san jose, since I had never done this and I wanted to find out the procedure. All they did was ask me the number of the airplane and what time I would be going up. When I got my clearance the controller asked me what altitude I would be at. I told them I would start out at 1000 ft, but that I might have to go lower. They said 'roger' or something to that effect so I assumed that I had their permission. I got to the station and the tower told me to stay north and east of the stadium, which I made sure I did. We started out at 1000 ft. The photographer then asked me if we could go lower. I, assuming we had permission, said yes. We made a couple of slow turns around the stadium and I believe we got to 500 ft but not lower. We were at about 700 ft when he finished shooting so I called the tower to tell them we were coming back to land. As we were passing downtown the photographer asked me if he could take some pictures of downtown. I asked the tower and they said yes, just stay north of the approach course. I made 1 pass over downtown and called to say I wanted to come in for landing. They said straight in runway 29. I was around 750 ft and coming in for landing so I decided to just maintain altitude since I would just have to descend right away to land anyway. I believe my mistakes were as follows. I should have asked the tower more specific questions on procedures and altitudes. Better yet, I should have just gone to the local FSDO and talked to them. I assumed the tower had given me permission to fly that low. I realize now that it was my responsibility as PIC, not the tower's responsibility, to maintain proper altitude. To prevent this from happening again, I will follow all FARS more carefully and I now realize that I am the final authority/authorized as to the flying of the aircraft. Callback conversation with reporter revealed the following information: reporter states that someone from the FSDO did talk to him but it was not the investigating officer. He has heard nothing further from the FAA. He is now aware of the errors he made and as stated knows he must be the one responsible at all times. He cannot expect ATC to act on his behalf. Analyst had a good sense that this will not be repeated.

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Original NASA ASRS Text

Title: LOW FLT OVER SPORTS EVENT AND CITY FOR PHOTO MISSION.

Narrative: A PERSON FROM THE UNIVERSITY CALLED AND ASKED IF SOMEBODY COULD FLY A PHOTOGRAPHER OVER THE SPORTS EVENT THE NEXT DAY SINCE THEY WERE TOO BUSY. I TOLD THEM I WOULD. THE NEXT DAY I ARRIVED AT THE ARPT EARLY AND CALLED THE TWR AT SAN JOSE, SINCE I HAD NEVER DONE THIS AND I WANTED TO FIND OUT THE PROC. ALL THEY DID WAS ASK ME THE NUMBER OF THE AIRPLANE AND WHAT TIME I WOULD BE GOING UP. WHEN I GOT MY CLRNC THE CTLR ASKED ME WHAT ALT I WOULD BE AT. I TOLD THEM I WOULD START OUT AT 1000 FT, BUT THAT I MIGHT HAVE TO GO LOWER. THEY SAID 'ROGER' OR SOMETHING TO THAT EFFECT SO I ASSUMED THAT I HAD THEIR PERMISSION. I GOT TO THE STATION AND THE TWR TOLD ME TO STAY N AND E OF THE STADIUM, WHICH I MADE SURE I DID. WE STARTED OUT AT 1000 FT. THE PHOTOGRAPHER THEN ASKED ME IF WE COULD GO LOWER. I, ASSUMING WE HAD PERMISSION, SAID YES. WE MADE A COUPLE OF SLOW TURNS AROUND THE STADIUM AND I BELIEVE WE GOT TO 500 FT BUT NOT LOWER. WE WERE AT ABOUT 700 FT WHEN HE FINISHED SHOOTING SO I CALLED THE TWR TO TELL THEM WE WERE COMING BACK TO LAND. AS WE WERE PASSING DOWNTOWN THE PHOTOGRAPHER ASKED ME IF HE COULD TAKE SOME PICTURES OF DOWNTOWN. I ASKED THE TWR AND THEY SAID YES, JUST STAY N OF THE APCH COURSE. I MADE 1 PASS OVER DOWNTOWN AND CALLED TO SAY I WANTED TO COME IN FOR LNDG. THEY SAID STRAIGHT IN RWY 29. I WAS AROUND 750 FT AND COMING IN FOR LNDG SO I DECIDED TO JUST MAINTAIN ALT SINCE I WOULD JUST HAVE TO DSND RIGHT AWAY TO LAND ANYWAY. I BELIEVE MY MISTAKES WERE AS FOLLOWS. I SHOULD HAVE ASKED THE TWR MORE SPECIFIC QUESTIONS ON PROCS AND ALTS. BETTER YET, I SHOULD HAVE JUST GONE TO THE LCL FSDO AND TALKED TO THEM. I ASSUMED THE TWR HAD GIVEN ME PERMISSION TO FLY THAT LOW. I REALIZE NOW THAT IT WAS MY RESPONSIBILITY AS PIC, NOT THE TWR'S RESPONSIBILITY, TO MAINTAIN PROPER ALT. TO PREVENT THIS FROM HAPPENING AGAIN, I WILL FOLLOW ALL FARS MORE CAREFULLY AND I NOW REALIZE THAT I AM THE FINAL AUTH AS TO THE FLYING OF THE ACFT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES THAT SOMEONE FROM THE FSDO DID TALK TO HIM BUT IT WAS NOT THE INVESTIGATING OFFICER. HE HAS HEARD NOTHING FURTHER FROM THE FAA. HE IS NOW AWARE OF THE ERRORS HE MADE AND AS STATED KNOWS HE MUST BE THE ONE RESPONSIBLE AT ALL TIMES. HE CANNOT EXPECT ATC TO ACT ON HIS BEHALF. ANALYST HAD A GOOD SENSE THAT THIS WILL NOT BE REPEATED.

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.