Captain of an small transport twin turbo propeller climbed through class B airspace in IMC condition...

Attributes
ACN	333244
Time
Date	199604
Day	Mon
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : mmu airport : teb
State Reference	NJ
Altitude	msl bound lower : 1400 msl bound upper : 3500
Environment
Flight Conditions	Marginal
Light	Night
Aircraft 1
Controlling Facilities	tracon : n90 tower : mmu
Operator	general aviation : corporate
Make Model Name	King Air C90 E90
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude cruise other
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : first officer
Qualification	other other : other pilot : instrument pilot : commercial pilot : cfi
Experience	flight time last 90 days : 70 flight time total : 1150 flight time type : 300
ASRS Report	333244
Person 2
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	inflight encounter : vfr in imc inflight encounter : weather non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

On apr/mon/96 the captain and I flew the boss to teb VFR. I am flying with a new captain as of the past 3 months or so. We (the old captain and I) used to file IFR to go to teb from ptw (our base) as we considered it easier and safer. The current captain and I arrived in teb VFR no problems at approximately XA30. We proceeded to spend the rest of the day in the pilot's lounge watching tv and monitoring the WX. It got worse as time went on but not real bad. Rain and low clouds mainly. I asked the captain if he thought we should file IFR on at least 5 separate occasions. The answer was always no. When I asked him why, he said that ny would take him higher than he wanted to go. About 15 mins before we departed, I asked again and he again said no IFR flight plan was needed. We got our clearance to depart swbound at 1400 ft MSL. We departed runway 19 at teb turned southwest and was advised by tower that we were starting to infringe on newark's class B and suggest we turn further west. With this, radar service was terminated. We attempted to reach ny on 3 frequencys and did long enough to get a squawk code for flight following. We were just on the bottom of the clouds at 1400 ft and getting moderate turbulence. Ny authority/authorized a climb to 2000 ft MSL for better reception. The captain climbed to 3500 ft MSL. At this point we were IMC. We continued on at 3500 ft MSL unable to raise ny on our current frequency. We called philadelphia approach and I requested an IFR clearance to continue on to ptw. I had also done this with ny but they were unable to hear us. Philadelphia gave us the IFR and we did the localizer runway 28 approach into ptw. It is very possible that we also infringed on mmu class D airspace after newark as I followed flight path on a sectional the next day. Very, very poor decisions were made on the part of the captain, and his willingness to not listen to his first officer's advice and opinions led to this incident. For clarification, a first officer is not required for this aircraft but is required by the company who owns it.

Original NASA ASRS Text

Title: CAPT OF AN SMT TWIN TURBO PROP CLBED THROUGH CLASS B AIRSPACE IN IMC CONDITIONS WITHOUT AN IFR CLRNC. FURTHERMORE, A CLASS D ATA WAS PENETRATED WITHOUT AUTH.

Narrative: ON APR/MON/96 THE CAPT AND I FLEW THE BOSS TO TEB VFR. I AM FLYING WITH A NEW CAPT AS OF THE PAST 3 MONTHS OR SO. WE (THE OLD CAPT AND I) USED TO FILE IFR TO GO TO TEB FROM PTW (OUR BASE) AS WE CONSIDERED IT EASIER AND SAFER. THE CURRENT CAPT AND I ARRIVED IN TEB VFR NO PROBS AT APPROX XA30. WE PROCEEDED TO SPEND THE REST OF THE DAY IN THE PLT'S LOUNGE WATCHING TV AND MONITORING THE WX. IT GOT WORSE AS TIME WENT ON BUT NOT REAL BAD. RAIN AND LOW CLOUDS MAINLY. I ASKED THE CAPT IF HE THOUGHT WE SHOULD FILE IFR ON AT LEAST 5 SEPARATE OCCASIONS. THE ANSWER WAS ALWAYS NO. WHEN I ASKED HIM WHY, HE SAID THAT NY WOULD TAKE HIM HIGHER THAN HE WANTED TO GO. ABOUT 15 MINS BEFORE WE DEPARTED, I ASKED AGAIN AND HE AGAIN SAID NO IFR FLT PLAN WAS NEEDED. WE GOT OUR CLRNC TO DEPART SWBOUND AT 1400 FT MSL. WE DEPARTED RWY 19 AT TEB TURNED SW AND WAS ADVISED BY TWR THAT WE WERE STARTING TO INFRINGE ON NEWARK'S CLASS B AND SUGGEST WE TURN FURTHER W. WITH THIS, RADAR SVC WAS TERMINATED. WE ATTEMPTED TO REACH NY ON 3 FREQS AND DID LONG ENOUGH TO GET A SQUAWK CODE FOR FLT FOLLOWING. WE WERE JUST ON THE BOTTOM OF THE CLOUDS AT 1400 FT AND GETTING MODERATE TURB. NY AUTH A CLB TO 2000 FT MSL FOR BETTER RECEPTION. THE CAPT CLBED TO 3500 FT MSL. AT THIS POINT WE WERE IMC. WE CONTINUED ON AT 3500 FT MSL UNABLE TO RAISE NY ON OUR CURRENT FREQ. WE CALLED PHILADELPHIA APCH AND I REQUESTED AN IFR CLRNC TO CONTINUE ON TO PTW. I HAD ALSO DONE THIS WITH NY BUT THEY WERE UNABLE TO HEAR US. PHILADELPHIA GAVE US THE IFR AND WE DID THE LOC RWY 28 APCH INTO PTW. IT IS VERY POSSIBLE THAT WE ALSO INFRINGED ON MMU CLASS D AIRSPACE AFTER NEWARK AS I FOLLOWED FLT PATH ON A SECTIONAL THE NEXT DAY. VERY, VERY POOR DECISIONS WERE MADE ON THE PART OF THE CAPT, AND HIS WILLINGNESS TO NOT LISTEN TO HIS FO'S ADVICE AND OPINIONS LED TO THIS INCIDENT. FOR CLARIFICATION, A FO IS NOT REQUIRED FOR THIS ACFT BUT IS REQUIRED BY THE COMPANY WHO OWNS IT.

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.

Captain of an small transport twin turbo propeller climbed through class B airspace in IMC conditions without an IFR clearance. Furthermore, a class D air traffic area was penetrated without authority/authorized.