C310 VFR to fxe in communication with mia approach control. Cleared to descend to 2500 ft and turned...

Attributes
ACN	370570
Time
Date	199706
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : fxe
State Reference	FL
Altitude	msl bound lower : 2500 msl bound upper : 2500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mia tower : fxe
Operator	general aviation : corporate
Make Model Name	Cessna 310/T310C
Operating Under FAR Part	Part 91
Flight Phase	descent : approach
Route In Use	enroute other
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : cfi pilot : commercial
Experience	flight time last 90 days : 65 flight time total : 11500 flight time type : 2000
ASRS Report	370570
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	other anomaly other
Independent Detector	other controllera
Resolutory Action	other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

VFR flight (no flight plan) from orl to fxe 7500 ft MSL. Descending into the fll class C airspace, contacted mia approach with intentions to land at fxe. Mia approach responded with instructions not to descend below 2500 ft and report having a visual on fxe. I called visual on fxe at 12 NM from the field (LORAN and RNAV). Mia approach responded 'roger!' they did not hand me off to fxe tower. I continued with mia approach at 2500 ft and tried to contact fxe tower on my other radio without success, they were extremely busy! At 4 mi, mia approach handed me off to fxe tower and before I had a chance to make contact, fxe tower called and told me to enter downwind and follow a trinidad, which I did with no problems. When I got in contact with fxe ground, they told me to call the tower on the phone and speak to a supervisor. I did and got into a caustic verbal discourse with the supervisor, who claimed I entered her airspace without clearance. Far 91.129(C)(1) requires, 'each person must establish 2-WAY radio communications with the ATC facility providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace.' I have flown into fxe many times in the past 10 yrs. Each time mia approach has handed me off to fxe tower before the traffic pattern. Sometimes at 10 mi, sometimes immediately after I have the field in sight, and sometimes not until almost on top of the pattern. Back in atlanta, I called the local FSDO and was told that once I have contacted an approach controller in class C airspace, I was required to stay with them and follow instructions and would be handed off as they required. This remains the same for IFR flight plans. Obviously mia approach had handed me off to fxe tower later than usual, but nonetheless, fxe tower knew who and where I was. What is right in this instance? With the amount of traffic fxe has, confusion on anyone's part could result in a midair.

Original NASA ASRS Text

Title: C310 VFR TO FXE IN COM WITH MIA APCH CTL. CLRED TO DSND TO 2500 FT AND TURNED OVER TO THE TWR AT 4 MI FROM FXE. BEFORE CONTACT COULD BE MADE, WAS CLRED TO ENTER DOWNWIND AND FOLLOW TRINIDAD. TWR SUPVR CLAIMS ENTERED CLASS D AIRSPACE BEFORE COM ESTABLISHED.

Narrative: VFR FLT (NO FLT PLAN) FROM ORL TO FXE 7500 FT MSL. DSNDING INTO THE FLL CLASS C AIRSPACE, CONTACTED MIA APCH WITH INTENTIONS TO LAND AT FXE. MIA APCH RESPONDED WITH INSTRUCTIONS NOT TO DSND BELOW 2500 FT AND RPT HAVING A VISUAL ON FXE. I CALLED VISUAL ON FXE AT 12 NM FROM THE FIELD (LORAN AND RNAV). MIA APCH RESPONDED 'ROGER!' THEY DID NOT HAND ME OFF TO FXE TWR. I CONTINUED WITH MIA APCH AT 2500 FT AND TRIED TO CONTACT FXE TWR ON MY OTHER RADIO WITHOUT SUCCESS, THEY WERE EXTREMELY BUSY! AT 4 MI, MIA APCH HANDED ME OFF TO FXE TWR AND BEFORE I HAD A CHANCE TO MAKE CONTACT, FXE TWR CALLED AND TOLD ME TO ENTER DOWNWIND AND FOLLOW A TRINIDAD, WHICH I DID WITH NO PROBS. WHEN I GOT IN CONTACT WITH FXE GND, THEY TOLD ME TO CALL THE TWR ON THE PHONE AND SPEAK TO A SUPVR. I DID AND GOT INTO A CAUSTIC VERBAL DISCOURSE WITH THE SUPVR, WHO CLAIMED I ENTERED HER AIRSPACE WITHOUT CLRNC. FAR 91.129(C)(1) REQUIRES, 'EACH PERSON MUST ESTABLISH 2-WAY RADIO COMS WITH THE ATC FACILITY PROVIDING AIR TFC SVCS PRIOR TO ENTERING THAT AIRSPACE AND THEREAFTER MAINTAIN THOSE COMS WHILE WITHIN THAT AIRSPACE.' I HAVE FLOWN INTO FXE MANY TIMES IN THE PAST 10 YRS. EACH TIME MIA APCH HAS HANDED ME OFF TO FXE TWR BEFORE THE TFC PATTERN. SOMETIMES AT 10 MI, SOMETIMES IMMEDIATELY AFTER I HAVE THE FIELD IN SIGHT, AND SOMETIMES NOT UNTIL ALMOST ON TOP OF THE PATTERN. BACK IN ATLANTA, I CALLED THE LCL FSDO AND WAS TOLD THAT ONCE I HAVE CONTACTED AN APCH CTLR IN CLASS C AIRSPACE, I WAS REQUIRED TO STAY WITH THEM AND FOLLOW INSTRUCTIONS AND WOULD BE HANDED OFF AS THEY REQUIRED. THIS REMAINS THE SAME FOR IFR FLT PLANS. OBVIOUSLY MIA APCH HAD HANDED ME OFF TO FXE TWR LATER THAN USUAL, BUT NONETHELESS, FXE TWR KNEW WHO AND WHERE I WAS. WHAT IS RIGHT IN THIS INSTANCE? WITH THE AMOUNT OF TFC FXE HAS, CONFUSION ON ANYONE'S PART COULD RESULT IN A MIDAIR.

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.