Flight crew and controller dispute over navigation to bkw where long term NOTAM is cited for S80.

Attributes
ACN	452216
Time
Date	199910
Day	Sat
Local Time Of Day	1201 To 1800
Place
State Reference	WV
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zid.artcc
Operator	common carrier : air carrier
Make Model Name	MD-80 Super 80
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	cruise : level
Route In Use	enroute : direct enroute airway : j42.airway
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	452216
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : commercial
Events
Anomaly	aircraft equipment problem : less severe non adherence : clearance other spatial deviation
Independent Detector	atc equipment other atc equipment : radar other controllera
Resolutory Action	controller : issued advisory flight crew : exited adverse environment none taken : unable
Supplementary
Problem Areas	Navigational Facility ATC Human Performance Airspace Structure Chart Or Publication Company FAA Flight Crew Human Performance
Primary Problem	Navigational Facility

Narrative:

ATC facility: ZID. Location: bkw 260 degree radial, 30 DME. After vectors around traffic at co-altitude, controller cleared us direct bkw, rest of route as filed. Proceeding on a 080 degree heading to the VOR, approximately 20 mi from bkw, controller asked if we were going direct. I replied that we were, and immediately checked the identify and course indicator. Noting no anomalies, I asked what the problem was. The controller stated that we needed to turn and that bkw is unusable above FL240 between the 270 degree and 240 degree radials. I again checked the identify, saw nothing wrong -- in fact, could see the airport and city over the nose. I asked if this was a NOTAM'ed item and the controller replied affirmative. I had the copilot listen in as I had him repeat one more time that the VOR was unusable and that it had been for and I quote 'about ten yrs.' my questions are: there are no NOTAMS on the flight plan, in the commercial chart NOTAMS or on the 3/4 chart stating that the VOR is unusable. J42, which we fly every day, is within the scope of the controller's described area. Can we file or accept a clearance to an unusable VOR. How can the controller clear us to a NAVAID he knows to be unusable. Can the crew be held liable for a navigation error if they don't know about the facility's limitations and they accept a clearance to that facility from an en route controller. Why no NOTAMS if all of the above is true. Does ftw dispatch know about this? Seems like a problem waiting to happen.

Original NASA ASRS Text

Title: FLC AND CTLR DISPUTE OVER NAV TO BKW WHERE LONG TERM NOTAM IS CITED FOR S80.

Narrative: ATC FACILITY: ZID. LOCATION: BKW 260 DEG RADIAL, 30 DME. AFTER VECTORS AROUND TFC AT CO-ALT, CTLR CLRED US DIRECT BKW, REST OF RTE AS FILED. PROCEEDING ON A 080 DEG HDG TO THE VOR, APPROX 20 MI FROM BKW, CTLR ASKED IF WE WERE GOING DIRECT. I REPLIED THAT WE WERE, AND IMMEDIATELY CHKED THE IDENT AND COURSE INDICATOR. NOTING NO ANOMALIES, I ASKED WHAT THE PROB WAS. THE CTLR STATED THAT WE NEEDED TO TURN AND THAT BKW IS UNUSABLE ABOVE FL240 BTWN THE 270 DEG AND 240 DEG RADIALS. I AGAIN CHKED THE IDENT, SAW NOTHING WRONG -- IN FACT, COULD SEE THE ARPT AND CITY OVER THE NOSE. I ASKED IF THIS WAS A NOTAM'ED ITEM AND THE CTLR REPLIED AFFIRMATIVE. I HAD THE COPLT LISTEN IN AS I HAD HIM REPEAT ONE MORE TIME THAT THE VOR WAS UNUSABLE AND THAT IT HAD BEEN FOR AND I QUOTE 'ABOUT TEN YRS.' MY QUESTIONS ARE: THERE ARE NO NOTAMS ON THE FLT PLAN, IN THE COMMERCIAL CHART NOTAMS OR ON THE 3/4 CHART STATING THAT THE VOR IS UNUSABLE. J42, WHICH WE FLY EVERY DAY, IS WITHIN THE SCOPE OF THE CTLR'S DESCRIBED AREA. CAN WE FILE OR ACCEPT A CLRNC TO AN UNUSABLE VOR. HOW CAN THE CTLR CLR US TO A NAVAID HE KNOWS TO BE UNUSABLE. CAN THE CREW BE HELD LIABLE FOR A NAV ERROR IF THEY DON'T KNOW ABOUT THE FACILITY'S LIMITATIONS AND THEY ACCEPT A CLRNC TO THAT FACILITY FROM AN ENRTE CTLR. WHY NO NOTAMS IF ALL OF THE ABOVE IS TRUE. DOES FTW DISPATCH KNOW ABOUT THIS? SEEMS LIKE A PROB WAITING TO HAPPEN.

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.