Reporter, on VFR flight to sjc, refused clearance to rhv and was vectored across final approach and ...

Attributes
ACN	370523
Time
Date	199705
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 8000 msl bound upper : 8000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak tower : sjc
Operator	general aviation : personal
Make Model Name	King Air C90 E90
Operating Under FAR Part	Part 91
Flight Phase	descent other other
Route In Use	approach : visual
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 210 flight time total : 13800 flight time type : 400
ASRS Report	370523
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	non adherence : clearance other anomaly other
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Pilot Deviation other

Narrative:

My aircraft was descending VFR into sjc. Leaving 8000 ft, I was given a pointout by ATC of a B737 at 4000 ft. After acknowledging that aircraft in sight, I was given a clearance to rhv and descend to 2500 ft. I refused the clearance. ATC then issued me a 100 degree left turn back across 3 final approach courses to descend to 4000 ft and hold over south city airport (with several other aircraft) and expect a 15-20 min delay. Traffic flow was heavy with numerous turbojet arrs for runway 30L, at least 1 aircraft holding VFR for a practice ILS, and about 3-5 other VFR inbounds. Controller involved acknowledged that a supervisor was sitting with him (training?) and I was unable to communicate with him due to frequency congestion. After refusing the initial clearance, the controller offered no alternatives (other runway or hold point) and instead vectored me back across the approach corridor to then hold in the middle of the airway with numerous other aircraft transiting and air carrier aircraft descending overhead. Instead, I remained to the west of the finals clear of the class C, and being unable to talk to approach control, I contacted the tower. Tower acknowledged my position and issued a clearance into the class C. Shortly thereafter, tower called me back and informed me that bay wanted me back on their frequency, to make a left turn and exit the class C. I contacted bay, and they informed me I was not cleared off their frequency and to return 15 mi southeast to hold for approach clearance. I told them that I was unable to talk to them, I remained clear of the class C and contacted tower. They then pointed out a B737 descending out of 8000 ft on the final and I was told to 'follow' that aircraft. He was for runway 30L and I was for runway 30R. Prior to leaving the frequency, I was given the TRACON phone number. I did question what the 'follow' clearance meant when we were cleared to separate runways. I felt and still feel it was not a proper clearance.

Original NASA ASRS Text

Title: RPTR, ON VFR FLT TO SJC, REFUSED CLRNC TO RHV AND WAS VECTORED ACROSS FINAL APCH AND HELD TO EXPECT A 15-20 MIN DELAY. RPTR LEFT FREQ DUE TO CONGESTION. CONTACTED THE TWR AND RECEIVED CLRNC INTO CLASS C AND WAS SUBSEQUENTLY TOLD TO RETURN TO APCH FREQ. RECEIVED APPROVAL FOR APCH TO RWY 30R WITH TFC POINTOUT OF A B737 FOR RWY 30L. RPTR STATED TFC WAS HVY FOR RWY 30L AND OTHER TFC FOR RWY 30R. RPTR IMPLIES ATC CTLR TRAINING AT TIME.

Narrative: MY ACFT WAS DSNDING VFR INTO SJC. LEAVING 8000 FT, I WAS GIVEN A POINTOUT BY ATC OF A B737 AT 4000 FT. AFTER ACKNOWLEDGING THAT ACFT IN SIGHT, I WAS GIVEN A CLRNC TO RHV AND DSND TO 2500 FT. I REFUSED THE CLRNC. ATC THEN ISSUED ME A 100 DEG L TURN BACK ACROSS 3 FINAL APCH COURSES TO DSND TO 4000 FT AND HOLD OVER SOUTH CITY ARPT (WITH SEVERAL OTHER ACFT) AND EXPECT A 15-20 MIN DELAY. TFC FLOW WAS HVY WITH NUMEROUS TURBOJET ARRS FOR RWY 30L, AT LEAST 1 ACFT HOLDING VFR FOR A PRACTICE ILS, AND ABOUT 3-5 OTHER VFR INBOUNDS. CTLR INVOLVED ACKNOWLEDGED THAT A SUPVR WAS SITTING WITH HIM (TRAINING?) AND I WAS UNABLE TO COMMUNICATE WITH HIM DUE TO FREQ CONGESTION. AFTER REFUSING THE INITIAL CLRNC, THE CTLR OFFERED NO ALTERNATIVES (OTHER RWY OR HOLD POINT) AND INSTEAD VECTORED ME BACK ACROSS THE APCH CORRIDOR TO THEN HOLD IN THE MIDDLE OF THE AIRWAY WITH NUMEROUS OTHER ACFT TRANSITING AND ACR ACFT DSNDING OVERHEAD. INSTEAD, I REMAINED TO THE W OF THE FINALS CLR OF THE CLASS C, AND BEING UNABLE TO TALK TO APCH CTL, I CONTACTED THE TWR. TWR ACKNOWLEDGED MY POS AND ISSUED A CLRNC INTO THE CLASS C. SHORTLY THEREAFTER, TWR CALLED ME BACK AND INFORMED ME THAT BAY WANTED ME BACK ON THEIR FREQ, TO MAKE A L TURN AND EXIT THE CLASS C. I CONTACTED BAY, AND THEY INFORMED ME I WAS NOT CLRED OFF THEIR FREQ AND TO RETURN 15 MI SE TO HOLD FOR APCH CLRNC. I TOLD THEM THAT I WAS UNABLE TO TALK TO THEM, I REMAINED CLR OF THE CLASS C AND CONTACTED TWR. THEY THEN POINTED OUT A B737 DSNDING OUT OF 8000 FT ON THE FINAL AND I WAS TOLD TO 'FOLLOW' THAT ACFT. HE WAS FOR RWY 30L AND I WAS FOR RWY 30R. PRIOR TO LEAVING THE FREQ, I WAS GIVEN THE TRACON PHONE NUMBER. I DID QUESTION WHAT THE 'FOLLOW' CLRNC MEANT WHEN WE WERE CLRED TO SEPARATE RWYS. I FELT AND STILL FEEL IT WAS NOT A PROPER CLRNC.

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.