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PA31 flight crew obtains IFR clearance in the air from ZNY controller as unable to establish radio contact on the ground. Aircraft is above the altitude assignment. Descends to cleared to altitude.
| Attributes | |
| ACN | 359310 |
| Time | |
| Date | 199701 |
| Day | Tue |
| Local Time Of Day | 1201 To 1800 |
| Place | |
| Locale Reference | atc facility : ton airport : n97 |
| State Reference | PA |
| Altitude | msl bound lower : 8000 msl bound upper : 8700 |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | artcc : zny |
| Operator | common carrier : air taxi |
| Make Model Name | PA-31 Navajo Chieftan/Mojave/Navajo T1020 |
| Operating Under FAR Part | Part 135 |
| Flight Phase | climbout : intermediate altitude |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air taxi |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : instrument pilot : cfi pilot : commercial |
| Experience | flight time last 90 days : 100 flight time total : 2600 flight time type : 300 |
| ASRS Report | 359310 |
| Person 2 | |
| Affiliation | company : air taxi |
| Function | flight crew : first officer |
| Qualification | pilot : instrument pilot : commercial |
| Events | |
| Anomaly | altitude deviation : overshoot non adherence : clearance other anomaly other |
| Independent Detector | other flight crewa |
| Resolutory Action | controller : issued new clearance |
| Consequence | Other |
| Supplementary | |
| Primary Problem | Flight Crew Human Performance |
| Air Traffic Incident | Pilot Deviation |
Narrative:
On jan/xx/97 we were operating out of N97. The day was VFR with cavu. We were unable to contact ZNY for our clearance on the ground. We have operated out of this field many times and this was the first time we were unable to contact them. We departed N97 VFR and contacted ZNY right away. They told us, due to traffic at 5000 ft, they could not give us our clearance yet. We replied we would continue VFR up to 9500 ft. We were currently out of 3000 ft. ZNY gave us a squawk code and asked our position. We reported our position. At this point we are climbing out of 6000 ft. ZNY came back and gave us a full route clearance with no notice of a full route coming. The altitude assigned was 8000 ft. I was listed as PIC on the flight plan. My copilot was flying. At the time I was running the radios. By the time I got the clearance correct we were out of 8000 ft. ZNY came back on the radio and said that our assigned altitude was 8000 ft. At this point we were out of 8700 ft. We immediately descended to 8000 ft. Upon reaching 8000 ft we were then assigned 9000 ft. I feel the problem was caused by crew failure to communicate. I feel center is partly to blame in not properly advising us of length of clearance. This flight was operated under far part 135.
Original NASA ASRS Text
Title: PA31 FLC OBTAINS IFR CLRNC IN THE AIR FROM ZNY CTLR AS UNABLE TO ESTABLISH RADIO CONTACT ON THE GND. ACFT IS ABOVE THE ALT ASSIGNMENT. DSNDS TO CLRED TO ALT.
Narrative: ON JAN/XX/97 WE WERE OPERATING OUT OF N97. THE DAY WAS VFR WITH CAVU. WE WERE UNABLE TO CONTACT ZNY FOR OUR CLRNC ON THE GND. WE HAVE OPERATED OUT OF THIS FIELD MANY TIMES AND THIS WAS THE FIRST TIME WE WERE UNABLE TO CONTACT THEM. WE DEPARTED N97 VFR AND CONTACTED ZNY RIGHT AWAY. THEY TOLD US, DUE TO TFC AT 5000 FT, THEY COULD NOT GIVE US OUR CLRNC YET. WE REPLIED WE WOULD CONTINUE VFR UP TO 9500 FT. WE WERE CURRENTLY OUT OF 3000 FT. ZNY GAVE US A SQUAWK CODE AND ASKED OUR POS. WE RPTED OUR POS. AT THIS POINT WE ARE CLBING OUT OF 6000 FT. ZNY CAME BACK AND GAVE US A FULL RTE CLRNC WITH NO NOTICE OF A FULL RTE COMING. THE ALT ASSIGNED WAS 8000 FT. I WAS LISTED AS PIC ON THE FLT PLAN. MY COPLT WAS FLYING. AT THE TIME I WAS RUNNING THE RADIOS. BY THE TIME I GOT THE CLRNC CORRECT WE WERE OUT OF 8000 FT. ZNY CAME BACK ON THE RADIO AND SAID THAT OUR ASSIGNED ALT WAS 8000 FT. AT THIS POINT WE WERE OUT OF 8700 FT. WE IMMEDIATELY DSNDED TO 8000 FT. UPON REACHING 8000 FT WE WERE THEN ASSIGNED 9000 FT. I FEEL THE PROB WAS CAUSED BY CREW FAILURE TO COMMUNICATE. I FEEL CTR IS PARTLY TO BLAME IN NOT PROPERLY ADVISING US OF LENGTH OF CLRNC. THIS FLT WAS OPERATED UNDER FAR PART 135.
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.