Narrative:

Several temporary flight restrs were imposed over areas of cape cod and the waters off cape cod and martha's vineyard. On the morning of jul/xa/99 I was scheduled to fly passenger between hya and mvy, and to do several trips between mvy and bos. Since both of these rtes would involve 1 or more of the temporary flight restrs, I made a point of requesting the information about them when I received my morning brief from bridgeport FSS. The temporary flight restrs had been in effect for several days, and the briefer informed me that, as of that morning, there had been no changes. The temporary flight restr was defined as follows: 'an area 2 mi southwest of the hya airport, for a radius of 2 mi, extending from the surface up to an altitude of 3000 ft.' I was flying for a part 135 scheduled operator which flies hundreds of flts between hya, mvy, and ack on a daily basis. Because we operate under part 135 of the FARS, we are not required to be on an IFR flight plan, however, company policy and procedure is to obtain a beacon code and TA's from the appropriate approach facility while en route. After boarding my passenger, I listened to the ATIS which contained a description of the temporary flight restr as follows: 'an area 2 mi southwest of the hya airport, for a radius of 2 mi, extending from the surface up to an altitude of 3000 ft.' after listening to the ATIS, I called ground control to request taxi instructions and informed them that I intended to fly VFR to mvy. I was cleared to taxi to runway 24, and upon reaching the runway, was cleared to take off by the tower. Realizing that the runway heading would bring me to the southwest of the airport and into the temporary flight restr, on departure, I began an immediate left turn toward a heading of 150 degrees (which, when departing runway 15 on the previous day, was a suitable heading to keep departing aircraft out of the temporary flight restrs), and requested a frequency change to cape approach so I could request radar advisories and radar vectors around the restr airspace. The tower asked me 'where are you going?' and when I replied 'martha's vineyard,' they told me to make an immediate right turn (no heading was specified), which I did (to a heading of 270 degrees). Again I requested a frequency change to cape approach. The tower requested my altitude and after I replied '1000 ft,' they approved the frequency change. I immediately contacted cape approach and requested advisories to mvy. The controller gave me a beacon code and questioned me on whether or not I was aware of the temporary flight restr over hyannis port. I replied that I was and that I believed that my turn to the southeast on departure would keep me out of it. He informed me that the tower was supposed to be advising aircraft departing runway 24 to turn toward the northwest toward marston mills (a grass strip that lies just northwest of hya). I told him that the tower never gave any instructions until after I called requesting a frequency change. Contributing factors: 1) the vague description of the location of the temporary flight restr. It should also be noted that the temporary flight restr as described in the NOTAMS and ATIS included a portion of the airport itself. 2) failure on my part to request an appropriate heading from the tower to stay clear of the temporary flight restr. 3) failure of the tower to advise me to turn northeast on departure to stay clear of the temporary flight restr. I believe that there are several ways this airspace incursion could have been avoided: 1) I could have requested an IFR clearance to mvy, which would have shifted the responsibility to the tower controller to keep me out of the temporary flight restr. 2) I could have requested an appropriate heading from the tower prior to departure. 3) the tower could have issued departure instructions prior to takeoff. 4) departure procedures could have been broadcast on the ATIS and published with the NOTAMS for all runways to ensure all aircraft would be in compliance with the temporary flight restr.

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Original NASA ASRS Text

Title: AN ATP RATED ATX PLT FLYING A C402 FROM HYA INADVERTENTLY ENTERS AIRSPACE DESIGNATED WITH A TEMPORARY FLT RESTR.

Narrative: SEVERAL TEMPORARY FLT RESTRS WERE IMPOSED OVER AREAS OF CAPE COD AND THE WATERS OFF CAPE COD AND MARTHA'S VINEYARD. ON THE MORNING OF JUL/XA/99 I WAS SCHEDULED TO FLY PAX BTWN HYA AND MVY, AND TO DO SEVERAL TRIPS BTWN MVY AND BOS. SINCE BOTH OF THESE RTES WOULD INVOLVE 1 OR MORE OF THE TEMPORARY FLT RESTRS, I MADE A POINT OF REQUESTING THE INFO ABOUT THEM WHEN I RECEIVED MY MORNING BRIEF FROM BRIDGEPORT FSS. THE TEMPORARY FLT RESTRS HAD BEEN IN EFFECT FOR SEVERAL DAYS, AND THE BRIEFER INFORMED ME THAT, AS OF THAT MORNING, THERE HAD BEEN NO CHANGES. THE TEMPORARY FLT RESTR WAS DEFINED AS FOLLOWS: 'AN AREA 2 MI SW OF THE HYA ARPT, FOR A RADIUS OF 2 MI, EXTENDING FROM THE SURFACE UP TO AN ALT OF 3000 FT.' I WAS FLYING FOR A PART 135 SCHEDULED OPERATOR WHICH FLIES HUNDREDS OF FLTS BTWN HYA, MVY, AND ACK ON A DAILY BASIS. BECAUSE WE OPERATE UNDER PART 135 OF THE FARS, WE ARE NOT REQUIRED TO BE ON AN IFR FLT PLAN, HOWEVER, COMPANY POLICY AND PROC IS TO OBTAIN A BEACON CODE AND TA'S FROM THE APPROPRIATE APCH FACILITY WHILE ENRTE. AFTER BOARDING MY PAX, I LISTENED TO THE ATIS WHICH CONTAINED A DESCRIPTION OF THE TEMPORARY FLT RESTR AS FOLLOWS: 'AN AREA 2 MI SW OF THE HYA ARPT, FOR A RADIUS OF 2 MI, EXTENDING FROM THE SURFACE UP TO AN ALT OF 3000 FT.' AFTER LISTENING TO THE ATIS, I CALLED GND CTL TO REQUEST TAXI INSTRUCTIONS AND INFORMED THEM THAT I INTENDED TO FLY VFR TO MVY. I WAS CLRED TO TAXI TO RWY 24, AND UPON REACHING THE RWY, WAS CLRED TO TAKE OFF BY THE TWR. REALIZING THAT THE RWY HDG WOULD BRING ME TO THE SW OF THE ARPT AND INTO THE TEMPORARY FLT RESTR, ON DEP, I BEGAN AN IMMEDIATE L TURN TOWARD A HDG OF 150 DEGS (WHICH, WHEN DEPARTING RWY 15 ON THE PREVIOUS DAY, WAS A SUITABLE HDG TO KEEP DEPARTING ACFT OUT OF THE TEMPORARY FLT RESTRS), AND REQUESTED A FREQ CHANGE TO CAPE APCH SO I COULD REQUEST RADAR ADVISORIES AND RADAR VECTORS AROUND THE RESTR AIRSPACE. THE TWR ASKED ME 'WHERE ARE YOU GOING?' AND WHEN I REPLIED 'MARTHA'S VINEYARD,' THEY TOLD ME TO MAKE AN IMMEDIATE R TURN (NO HDG WAS SPECIFIED), WHICH I DID (TO A HDG OF 270 DEGS). AGAIN I REQUESTED A FREQ CHANGE TO CAPE APCH. THE TWR REQUESTED MY ALT AND AFTER I REPLIED '1000 FT,' THEY APPROVED THE FREQ CHANGE. I IMMEDIATELY CONTACTED CAPE APCH AND REQUESTED ADVISORIES TO MVY. THE CTLR GAVE ME A BEACON CODE AND QUESTIONED ME ON WHETHER OR NOT I WAS AWARE OF THE TEMPORARY FLT RESTR OVER HYANNIS PORT. I REPLIED THAT I WAS AND THAT I BELIEVED THAT MY TURN TO THE SE ON DEP WOULD KEEP ME OUT OF IT. HE INFORMED ME THAT THE TWR WAS SUPPOSED TO BE ADVISING ACFT DEPARTING RWY 24 TO TURN TOWARD THE NW TOWARD MARSTON MILLS (A GRASS STRIP THAT LIES JUST NW OF HYA). I TOLD HIM THAT THE TWR NEVER GAVE ANY INSTRUCTIONS UNTIL AFTER I CALLED REQUESTING A FREQ CHANGE. CONTRIBUTING FACTORS: 1) THE VAGUE DESCRIPTION OF THE LOCATION OF THE TEMPORARY FLT RESTR. IT SHOULD ALSO BE NOTED THAT THE TEMPORARY FLT RESTR AS DESCRIBED IN THE NOTAMS AND ATIS INCLUDED A PORTION OF THE ARPT ITSELF. 2) FAILURE ON MY PART TO REQUEST AN APPROPRIATE HDG FROM THE TWR TO STAY CLR OF THE TEMPORARY FLT RESTR. 3) FAILURE OF THE TWR TO ADVISE ME TO TURN NE ON DEP TO STAY CLR OF THE TEMPORARY FLT RESTR. I BELIEVE THAT THERE ARE SEVERAL WAYS THIS AIRSPACE INCURSION COULD HAVE BEEN AVOIDED: 1) I COULD HAVE REQUESTED AN IFR CLRNC TO MVY, WHICH WOULD HAVE SHIFTED THE RESPONSIBILITY TO THE TWR CTLR TO KEEP ME OUT OF THE TEMPORARY FLT RESTR. 2) I COULD HAVE REQUESTED AN APPROPRIATE HDG FROM THE TWR PRIOR TO DEP. 3) THE TWR COULD HAVE ISSUED DEP INSTRUCTIONS PRIOR TO TKOF. 4) DEP PROCS COULD HAVE BEEN BROADCAST ON THE ATIS AND PUBLISHED WITH THE NOTAMS FOR ALL RWYS TO ENSURE ALL ACFT WOULD BE IN COMPLIANCE WITH THE TEMPORARY FLT RESTR.

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.