A flight instructor in a C172 reports that his student climbed into the N90 class B airspace without...

Attributes
ACN	341674
Time
Date	199607
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : jfk
State Reference	NY
Altitude	msl bound lower : 1400 msl bound upper : 1750
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90 tower : sea
Operator	general aviation : personal
Make Model Name	Skyhawk 172/Cutlass 172
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude cruise other
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : single pilot instruction : instructor
Qualification	pilot : cfi pilot : commercial
Experience	flight time last 90 days : 30 flight time total : 1300 flight time type : 300
ASRS Report	341674
Person 2
Affiliation	Other
Function	flight crew : single pilot instruction : trainee
Events
Anomaly	non adherence : far other anomaly other
Independent Detector	other controllera
Resolutory Action	flight crew : returned to intended course or assigned course flight crew : became reoriented other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

A private pilot student and myself were on the return leg of a VFR cross country training flight from sby to fok. We were at 1500 ft MSL, using flight following, approaching jfk from the new jersey coast. We checked in with ny approach and the controller responded. The controller's second transmission was barely readable because of a loud tapping sound from his transmitter. We informed the controller of the problem. As we continued the flight toward jfk, descending to 450 ft to keep below the class B airspace south of jfk, we listened to at least 8-10 other aircraft capts inform the controller of his bad transmitter. We were now heading east at 450 ft along the beach when the controller's transmitter problem started clearing up. He told us we were clear of the class B airspace and we could gain altitude. We were clear of all traffic so I told the student to climb to 1400 ft, 100 ft below the floor of the space above. I turned my attention to the sectional to determine our position. When I checked our altitude the student was climbing above 1500 ft. I commented on his altitude. His response was, the controller cleared us of the airspace. Just then we received a transmission from the controller that we were entering the class B airspace. I responded, you cleared us of the airspace. The controller said we were cleared of the class B but below the floor of the airspace above. I immediately took the controls, started a descent from 1750 ft and apologized for the intrusion. I was so upset that I instructed the student to complete the trip at 1400 ft outside of all controled airspace. I contribute the error to: distraction from the bad transmitter, length of time of bad xmissions, phraseology by the controller (since we were never in class B airspace, clearing us of class B added confusion), also that he did not warn of possible intrusion into class B airspace, and my lack of attention and trust to actions of a student pilot and then my confusion caused by the student's comment, also not being positive of our position.

Original NASA ASRS Text

Title: A FLT INSTRUCTOR IN A C172 RPTS THAT HIS STUDENT CLBED INTO THE N90 CLASS B AIRSPACE WITHOUT CLRNC. TRAINING IN PROGRESS.

Narrative: A PVT PLT STUDENT AND MYSELF WERE ON THE RETURN LEG OF A VFR XCOUNTRY TRAINING FLT FROM SBY TO FOK. WE WERE AT 1500 FT MSL, USING FLT FOLLOWING, APCHING JFK FROM THE NEW JERSEY COAST. WE CHKED IN WITH NY APCH AND THE CTLR RESPONDED. THE CTLR'S SECOND XMISSION WAS BARELY READABLE BECAUSE OF A LOUD TAPPING SOUND FROM HIS XMITTER. WE INFORMED THE CTLR OF THE PROB. AS WE CONTINUED THE FLT TOWARD JFK, DSNDING TO 450 FT TO KEEP BELOW THE CLASS B AIRSPACE S OF JFK, WE LISTENED TO AT LEAST 8-10 OTHER ACFT CAPTS INFORM THE CTLR OF HIS BAD XMITTER. WE WERE NOW HDG E AT 450 FT ALONG THE BEACH WHEN THE CTLR'S XMITTER PROB STARTED CLRING UP. HE TOLD US WE WERE CLR OF THE CLASS B AIRSPACE AND WE COULD GAIN ALT. WE WERE CLR OF ALL TFC SO I TOLD THE STUDENT TO CLB TO 1400 FT, 100 FT BELOW THE FLOOR OF THE SPACE ABOVE. I TURNED MY ATTN TO THE SECTIONAL TO DETERMINE OUR POS. WHEN I CHKED OUR ALT THE STUDENT WAS CLBING ABOVE 1500 FT. I COMMENTED ON HIS ALT. HIS RESPONSE WAS, THE CTLR CLRED US OF THE AIRSPACE. JUST THEN WE RECEIVED A XMISSION FROM THE CTLR THAT WE WERE ENTERING THE CLASS B AIRSPACE. I RESPONDED, YOU CLRED US OF THE AIRSPACE. THE CTLR SAID WE WERE CLRED OF THE CLASS B BUT BELOW THE FLOOR OF THE AIRSPACE ABOVE. I IMMEDIATELY TOOK THE CTLS, STARTED A DSCNT FROM 1750 FT AND APOLOGIZED FOR THE INTRUSION. I WAS SO UPSET THAT I INSTRUCTED THE STUDENT TO COMPLETE THE TRIP AT 1400 FT OUTSIDE OF ALL CTLED AIRSPACE. I CONTRIBUTE THE ERROR TO: DISTR FROM THE BAD XMITTER, LENGTH OF TIME OF BAD XMISSIONS, PHRASEOLOGY BY THE CTLR (SINCE WE WERE NEVER IN CLASS B AIRSPACE, CLRING US OF CLASS B ADDED CONFUSION), ALSO THAT HE DID NOT WARN OF POSSIBLE INTRUSION INTO CLASS B AIRSPACE, AND MY LACK OF ATTN AND TRUST TO ACTIONS OF A STUDENT PLT AND THEN MY CONFUSION CAUSED BY THE STUDENT'S COMMENT, ALSO NOT BEING POSITIVE OF OUR POS.

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.

A flight instructor in a C172 reports that his student climbed into the N90 class B airspace without clearance. Training in progress.