Narrative:

On a training flight from long island macarthur airport (isp) to farmingdale republic airport (frg) with a student I called new york approach after being xferred by long island tower with a 270 degree heading. This is usual routine. I requested a practice ILS into frg. New york approach confirmed the heading and confirmed us at 2000 ft altitude, as previously cleared by tower. The traffic was unusually busy, even for long island. Later on, long after we had passed south of dpk VOR, we were xferred to another frequency with...stay clear of class D airspace. I glanced at the GPS (M3, IFR approach approval) and read FRG4.1. We were inside class D airspace and obviously new york approach had missed it until it was too late and then dropped the monkey on our back. The new frequency was very busy and for over 1 min I could not say a word. My last ATC instructions being: 1) fly 270 degree heading and maintain 2000 ft (and maintain VFR at all times). 2) stay clear of class D airspace (after being vectored into it) and no vector. When new york approach came back to us we were 3.5 mi from frg, carefully monitoring all traffic around us. We were informed that we were in class D airspace, which we knew and ATC knew when they vectored us. After a few new vectors we flew an uneventful approach to a landing. Frg tower never made a comment. When ATC issues vectors they must be complied with unless a new clearance can be obtained (except when safety is really at risk). There was no way we could ask for any new clearance on the crowded frequency, either before or after the switch between the 2 sectors. The clearance was obviously a mistake but was not unsafe since we had a good visibility. Our choice was violation for non compliance with a clearance, or violation for entering class D airspace without radio contact. I understand that we all make mistakes, but why not vector us out of class D and resume normal operations? Why stay clear after we had entered it? Since this class D is partially inside class B we assumed that the controllers were in touch, in a manner similar to the xfer between approach and tower around the OM. Either way, until we could get an amended clearance we had no choice but be wrong. Shouldn't ATC have some responsibility? By the way this situation is very unusual, ny approach is most of the time outstanding. I think that correcting a mistake rather than dropping it on the pilot would be a safer and healthier attitude.

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Original NASA ASRS Text

Title: PLT VFR AT FRG RECEIVING VECTORS FOR PRACTICE ILS APCH IS TOLD BY THE CTLR THAT HE HAD ENTERED CLASS D AIRSPACE.

Narrative: ON A TRAINING FLT FROM LONG ISLAND MACARTHUR ARPT (ISP) TO FARMINGDALE REPUBLIC ARPT (FRG) WITH A STUDENT I CALLED NEW YORK APCH AFTER BEING XFERRED BY LONG ISLAND TWR WITH A 270 DEG HDG. THIS IS USUAL ROUTINE. I REQUESTED A PRACTICE ILS INTO FRG. NEW YORK APCH CONFIRMED THE HEADING AND CONFIRMED US AT 2000 FT ALT, AS PREVIOUSLY CLRED BY TWR. THE TFC WAS UNUSUALLY BUSY, EVEN FOR LONG ISLAND. LATER ON, LONG AFTER WE HAD PASSED S OF DPK VOR, WE WERE XFERRED TO ANOTHER FREQ WITH...STAY CLR OF CLASS D AIRSPACE. I GLANCED AT THE GPS (M3, IFR APCH APPROVAL) AND READ FRG4.1. WE WERE INSIDE CLASS D AIRSPACE AND OBVIOUSLY NEW YORK APCH HAD MISSED IT UNTIL IT WAS TOO LATE AND THEN DROPPED THE MONKEY ON OUR BACK. THE NEW FREQ WAS VERY BUSY AND FOR OVER 1 MIN I COULD NOT SAY A WORD. MY LAST ATC INSTRUCTIONS BEING: 1) FLY 270 DEG HDG AND MAINTAIN 2000 FT (AND MAINTAIN VFR AT ALL TIMES). 2) STAY CLR OF CLASS D AIRSPACE (AFTER BEING VECTORED INTO IT) AND NO VECTOR. WHEN NEW YORK APCH CAME BACK TO US WE WERE 3.5 MI FROM FRG, CAREFULLY MONITORING ALL TFC AROUND US. WE WERE INFORMED THAT WE WERE IN CLASS D AIRSPACE, WHICH WE KNEW AND ATC KNEW WHEN THEY VECTORED US. AFTER A FEW NEW VECTORS WE FLEW AN UNEVENTFUL APCH TO A LNDG. FRG TWR NEVER MADE A COMMENT. WHEN ATC ISSUES VECTORS THEY MUST BE COMPLIED WITH UNLESS A NEW CLRNC CAN BE OBTAINED (EXCEPT WHEN SAFETY IS REALLY AT RISK). THERE WAS NO WAY WE COULD ASK FOR ANY NEW CLRNC ON THE CROWDED FREQ, EITHER BEFORE OR AFTER THE SWITCH BTWN THE 2 SECTORS. THE CLRNC WAS OBVIOUSLY A MISTAKE BUT WAS NOT UNSAFE SINCE WE HAD A GOOD VISIBILITY. OUR CHOICE WAS VIOLATION FOR NON COMPLIANCE WITH A CLRNC, OR VIOLATION FOR ENTERING CLASS D AIRSPACE WITHOUT RADIO CONTACT. I UNDERSTAND THAT WE ALL MAKE MISTAKES, BUT WHY NOT VECTOR US OUT OF CLASS D AND RESUME NORMAL OPS? WHY STAY CLR AFTER WE HAD ENTERED IT? SINCE THIS CLASS D IS PARTIALLY INSIDE CLASS B WE ASSUMED THAT THE CTLRS WERE IN TOUCH, IN A MANNER SIMILAR TO THE XFER BTWN APCH AND TWR AROUND THE OM. EITHER WAY, UNTIL WE COULD GET AN AMENDED CLRNC WE HAD NO CHOICE BUT BE WRONG. SHOULDN'T ATC HAVE SOME RESPONSIBILITY? BY THE WAY THIS SIT IS VERY UNUSUAL, NY APCH IS MOST OF THE TIME OUTSTANDING. I THINK THAT CORRECTING A MISTAKE RATHER THAN DROPPING IT ON THE PLT WOULD BE A SAFER AND HEALTHIER ATTITUDE.

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.