Narrative:

I departed in a T41B from marina airport with destination monterey airport. When airborne and at 1000 ft I contacted mry approach at 133.0 and said: 'mry approach cessna xxy out of marina landing monterey with a.' mry approach replied: 'xxy squawk XXX.' I replied: 'roger, squawking XXX for xxy.' I continued my flight under VFR conditions, at 1800 ft between the shoreline and highway 1. When I realized that the approach did not pass me to tower and I was already near the right downwind for runway 28R I switched to 118.4 and contacted the tower: 'monterey tower cessna xxy is right downwind runway 28R. The tower unaware of my coming asked for my location. I repeated my previous announcement with the explanation that I was not passed to them by the approach. I was directed to continue and a few seconds later I was asked again to confirm my location. After I did so, I was instructed to continue on extended right downwind runway 28R and a little later I was asked again about my location. I replied that I was on right downwind runway 28R and nearing highway 68. The controller then cleared me for landing runway 28R. At that time a PA28 was on long final for runway 28R. When he heard the tower communication with me he asked for runway 28L. The tower disapproved runway 28L and the PA pilot requested for the runway lights to be turned on. By that time I was about ready to land when the PA pilot announced that he was going to make 'south' turns to delay his landing. I landed and I was instructed by the tower to expedite my exit from the runway by taking the first right which I did. When I cleared the active I was instructed to contact ground 121.9 and when I did so I was told to call the tower. I called the tower 3 mins later and the supervisor told me that after hearing the tape he concluded that I had violated the C airspace. He explained to me that when I was given the squawk by the approach I was also told to 'remain clear the C airspace' and that I had failed to do so. I told him that I never heard that part of the instruction and that if I had heard it I would have repeated his instruction when I repeated the squawk. He told me that I had 'rogered' the approach's initial instruction and that I was not given clearance to enter class C. I told him that my understanding was that I had established communication with the approach and given the fact that I never heard the 'remain clear the C airspace' I continued. He told me that since I was not told 'radar contact' I was not clear for the 'C' area and I should have remained outside. I told him then, that to my knowledge I did not have to hear 'radar contact' in order to enter after I had established a 2-WAY communication with the approach and at that point he got angry and said that they never received my transponder and that I would hear from them monday. I feel that when the approach controller did not see my squawk he should have come back to me and informed me. I had departed mry earlier that morning and my transponder was working fine. I do realize that there is a possibility of a transponder malfunction (it has happened in the past and when I was told by the approach I recycled it and the problem was corrected). I believe that the error in my part was that, since I did not hear any attempt of the approach controller to pass me to tower, I should have contacted the approach again and not entered the tower area and switched to the tower frequency. My impression, though, was that the approach being as busy as it was at that time 'forgot' all about me. This has happened to me before. While I was on a course for landing in monterey, I have been told to head for the ocean and after I have been about 10 mi out I have called them and asked them 'how far out do you want me to go' and the reply was: 'sorry, we forgot you. Clear to land straight runway 10R.' lesson learned: unless I receive 'radar contact' I will not enter C airspace despite establishing my 2-WAY communication with the approach. Suggestions: 1) when the approach, after having given squawk code and instructions to remain clear their airspace, does not receive a complete readback from the pilot, they should reissue their instructions, especially the missing portion. 2) when the approach is unable to interrogate the aircraft's transponder they should advise the pilot accordingly. 3) pilots should contact the approach again if they have not received 'radar contact' or any other communication within a reasonable amount of time.

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Original NASA ASRS Text

Title: PLT OF T41B WHICH IS A MIL VERSION OF THE C172 IS ALLEGED TO HAVE ENTERED CLASS C AIRSPACE WITHOUT CLRNC. HOWEVER HE WAS GIVEN A SQUAWK CODE AND HAD MADE CONTACT WITH APCH CTL. CONTROVERSY ABOUT WHETHER HE WAS TOLD TO REMAIN CLR OF THE AIRSPACE.

Narrative: I DEPARTED IN A T41B FROM MARINA ARPT WITH DEST MONTEREY ARPT. WHEN AIRBORNE AND AT 1000 FT I CONTACTED MRY APCH AT 133.0 AND SAID: 'MRY APCH CESSNA XXY OUT OF MARINA LNDG MONTEREY WITH A.' MRY APCH REPLIED: 'XXY SQUAWK XXX.' I REPLIED: 'ROGER, SQUAWKING XXX FOR XXY.' I CONTINUED MY FLT UNDER VFR CONDITIONS, AT 1800 FT BTWN THE SHORELINE AND HWY 1. WHEN I REALIZED THAT THE APCH DID NOT PASS ME TO TWR AND I WAS ALREADY NEAR THE R DOWNWIND FOR RWY 28R I SWITCHED TO 118.4 AND CONTACTED THE TWR: 'MONTEREY TWR CESSNA XXY IS R DOWNWIND RWY 28R. THE TWR UNAWARE OF MY COMING ASKED FOR MY LOCATION. I REPEATED MY PREVIOUS ANNOUNCEMENT WITH THE EXPLANATION THAT I WAS NOT PASSED TO THEM BY THE APCH. I WAS DIRECTED TO CONTINUE AND A FEW SECONDS LATER I WAS ASKED AGAIN TO CONFIRM MY LOCATION. AFTER I DID SO, I WAS INSTRUCTED TO CONTINUE ON EXTENDED R DOWNWIND RWY 28R AND A LITTLE LATER I WAS ASKED AGAIN ABOUT MY LOCATION. I REPLIED THAT I WAS ON R DOWNWIND RWY 28R AND NEARING HWY 68. THE CTLR THEN CLRED ME FOR LNDG RWY 28R. AT THAT TIME A PA28 WAS ON LONG FINAL FOR RWY 28R. WHEN HE HEARD THE TWR COM WITH ME HE ASKED FOR RWY 28L. THE TWR DISAPPROVED RWY 28L AND THE PA PLT REQUESTED FOR THE RWY LIGHTS TO BE TURNED ON. BY THAT TIME I WAS ABOUT READY TO LAND WHEN THE PA PLT ANNOUNCED THAT HE WAS GOING TO MAKE 'S' TURNS TO DELAY HIS LNDG. I LANDED AND I WAS INSTRUCTED BY THE TWR TO EXPEDITE MY EXIT FROM THE RWY BY TAKING THE FIRST R WHICH I DID. WHEN I CLRED THE ACTIVE I WAS INSTRUCTED TO CONTACT GND 121.9 AND WHEN I DID SO I WAS TOLD TO CALL THE TWR. I CALLED THE TWR 3 MINS LATER AND THE SUPVR TOLD ME THAT AFTER HEARING THE TAPE HE CONCLUDED THAT I HAD VIOLATED THE C AIRSPACE. HE EXPLAINED TO ME THAT WHEN I WAS GIVEN THE SQUAWK BY THE APCH I WAS ALSO TOLD TO 'REMAIN CLR THE C AIRSPACE' AND THAT I HAD FAILED TO DO SO. I TOLD HIM THAT I NEVER HEARD THAT PART OF THE INSTRUCTION AND THAT IF I HAD HEARD IT I WOULD HAVE REPEATED HIS INSTRUCTION WHEN I REPEATED THE SQUAWK. HE TOLD ME THAT I HAD 'ROGERED' THE APCH'S INITIAL INSTRUCTION AND THAT I WAS NOT GIVEN CLRNC TO ENTER CLASS C. I TOLD HIM THAT MY UNDERSTANDING WAS THAT I HAD ESTABLISHED COM WITH THE APCH AND GIVEN THE FACT THAT I NEVER HEARD THE 'REMAIN CLR THE C AIRSPACE' I CONTINUED. HE TOLD ME THAT SINCE I WAS NOT TOLD 'RADAR CONTACT' I WAS NOT CLR FOR THE 'C' AREA AND I SHOULD HAVE REMAINED OUTSIDE. I TOLD HIM THEN, THAT TO MY KNOWLEDGE I DID NOT HAVE TO HEAR 'RADAR CONTACT' IN ORDER TO ENTER AFTER I HAD ESTABLISHED A 2-WAY COM WITH THE APCH AND AT THAT POINT HE GOT ANGRY AND SAID THAT THEY NEVER RECEIVED MY XPONDER AND THAT I WOULD HEAR FROM THEM MONDAY. I FEEL THAT WHEN THE APCH CTLR DID NOT SEE MY SQUAWK HE SHOULD HAVE COME BACK TO ME AND INFORMED ME. I HAD DEPARTED MRY EARLIER THAT MORNING AND MY XPONDER WAS WORKING FINE. I DO REALIZE THAT THERE IS A POSSIBILITY OF A XPONDER MALFUNCTION (IT HAS HAPPENED IN THE PAST AND WHEN I WAS TOLD BY THE APCH I RECYCLED IT AND THE PROB WAS CORRECTED). I BELIEVE THAT THE ERROR IN MY PART WAS THAT, SINCE I DID NOT HEAR ANY ATTEMPT OF THE APCH CTLR TO PASS ME TO TWR, I SHOULD HAVE CONTACTED THE APCH AGAIN AND NOT ENTERED THE TWR AREA AND SWITCHED TO THE TWR FREQ. MY IMPRESSION, THOUGH, WAS THAT THE APCH BEING AS BUSY AS IT WAS AT THAT TIME 'FORGOT' ALL ABOUT ME. THIS HAS HAPPENED TO ME BEFORE. WHILE I WAS ON A COURSE FOR LNDG IN MONTEREY, I HAVE BEEN TOLD TO HEAD FOR THE OCEAN AND AFTER I HAVE BEEN ABOUT 10 MI OUT I HAVE CALLED THEM AND ASKED THEM 'HOW FAR OUT DO YOU WANT ME TO GO' AND THE REPLY WAS: 'SORRY, WE FORGOT YOU. CLR TO LAND STRAIGHT RWY 10R.' LESSON LEARNED: UNLESS I RECEIVE 'RADAR CONTACT' I WILL NOT ENTER C AIRSPACE DESPITE ESTABLISHING MY 2-WAY COM WITH THE APCH. SUGGESTIONS: 1) WHEN THE APCH, AFTER HAVING GIVEN SQUAWK CODE AND INSTRUCTIONS TO REMAIN CLR THEIR AIRSPACE, DOES NOT RECEIVE A COMPLETE READBACK FROM THE PLT, THEY SHOULD REISSUE THEIR INSTRUCTIONS, ESPECIALLY THE MISSING PORTION. 2) WHEN THE APCH IS UNABLE TO INTERROGATE THE ACFT'S XPONDER THEY SHOULD ADVISE THE PLT ACCORDINGLY. 3) PLTS SHOULD CONTACT THE APCH AGAIN IF THEY HAVE NOT RECEIVED 'RADAR CONTACT' OR ANY OTHER COM WITHIN A REASONABLE AMOUNT OF TIME.

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.