A crossing restr not met on account of malfunctioning DME leads to a vector for traffic into turbule...

Attributes
ACN	480870
Time
Date	200008
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : zma.artcc
State Reference	FL
Altitude	msl bound lower : 7000 msl bound upper : 11000
Environment
Weather Elements	Thunderstorm
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zma.artcc
Operator	general aviation : personal
Make Model Name	Learjet 25
Operating Under FAR Part	Part 91
Navigation In Use	other vortac
Flight Phase	descent : intermediate altitude
Route In Use	arrival star : mrlin.4
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zma.artcc
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Person 1
Affiliation	other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 145 flight time total : 4800 flight time type : 3700
ASRS Report	480870
Person 2
Affiliation	other
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : commercial
Experience	flight time last 90 days : 80 flight time total : 820 flight time type : 500
ASRS Report	480869
Events
Anomaly	aircraft equipment problem : less severe altitude deviation : crossing restriction not met inflight encounter : turbulence inflight encounter : weather other anomaly other
Independent Detector	atc equipment other atc equipment : radar other controllerb
Resolutory Action	controller : issued advisory controller : issued new clearance
Consequence	faa : reviewed incident with flight crew other
Supplementary
Problem Areas	ATC Human Performance Aircraft Flight Crew Human Performance
Primary Problem	Aircraft
Air Traffic Incident	Pilot Deviation

Narrative:

On a normal descent on the mrlin 4 arrival, we were given a crossing restr to cross mrlin intersection at 7000 ft. ZMA reconfirmed our crossing restr and asked if we were going to make it. With a quick check of the DME, I told my copilot to respond in the affirmative. A very short time thereafter, the controller called traffic at 12 O'clock position and 7 mi. We responded that we were looking for the traffic and the controller immediately came back and informed us that we were at the mrlin intersection, turn right 30 degrees for traffic, where do you show mrlin? We immediately turned for fear of contact with the traffic we could not see, placing ourselves into severe turbulence caused by a thunder cell, and told the controller we showed mrlin 5 mi ahead. At the same time my copilot was communicating the previous message, I was increasing my descent due to the new information given by the controller causing me to question my position, and slowing for the turbulence we were encountering by use of the spoilers. Shortly thereafter, the current controller had us write down a number to call and switched us to mia approach control where the remaining flight was normal and uneventful. ATC is there to aid in the progress of a flight and add a margin of safety to air travel. Following this event, we had the DME in this aircraft checked where we found it to be presenting erroneous readings. This would indicate that our descent profile was nonstandard and the controller's queries to if we were going to make mrlin or not would testify to this fact. By not letting us in on the information that the controller had and waiting until we were at the fix where the crossing restr had to be made, then spring the information on us indicates 1 of 2 things: 1) the controller was not fully cognizant of what was going on in that sector, or 2) the controller was looking for an opportunity to issue a violation to improve their current job position and rating. Therefore, waiting for the altitude deviation to occur instead of being a safety not for a possible problem.

Original NASA ASRS Text

Title: A XING RESTR NOT MET ON ACCOUNT OF MALFUNCTIONING DME LEADS TO A VECTOR FOR TFC INTO TURB. RPTR WONDERS ABOUT THE MOTIVATION OF THE CTLR FOR NOT ISSUING AN ADVISORY.

Narrative: ON A NORMAL DSCNT ON THE MRLIN 4 ARR, WE WERE GIVEN A XING RESTR TO CROSS MRLIN INTXN AT 7000 FT. ZMA RECONFIRMED OUR XING RESTR AND ASKED IF WE WERE GOING TO MAKE IT. WITH A QUICK CHK OF THE DME, I TOLD MY COPLT TO RESPOND IN THE AFFIRMATIVE. A VERY SHORT TIME THEREAFTER, THE CTLR CALLED TFC AT 12 O'CLOCK POS AND 7 MI. WE RESPONDED THAT WE WERE LOOKING FOR THE TFC AND THE CTLR IMMEDIATELY CAME BACK AND INFORMED US THAT WE WERE AT THE MRLIN INTXN, TURN R 30 DEGS FOR TFC, WHERE DO YOU SHOW MRLIN? WE IMMEDIATELY TURNED FOR FEAR OF CONTACT WITH THE TFC WE COULD NOT SEE, PLACING OURSELVES INTO SEVERE TURB CAUSED BY A THUNDER CELL, AND TOLD THE CTLR WE SHOWED MRLIN 5 MI AHEAD. AT THE SAME TIME MY COPLT WAS COMMUNICATING THE PREVIOUS MESSAGE, I WAS INCREASING MY DSCNT DUE TO THE NEW INFO GIVEN BY THE CTLR CAUSING ME TO QUESTION MY POS, AND SLOWING FOR THE TURB WE WERE ENCOUNTERING BY USE OF THE SPOILERS. SHORTLY THEREAFTER, THE CURRENT CTLR HAD US WRITE DOWN A NUMBER TO CALL AND SWITCHED US TO MIA APCH CTL WHERE THE REMAINING FLT WAS NORMAL AND UNEVENTFUL. ATC IS THERE TO AID IN THE PROGRESS OF A FLT AND ADD A MARGIN OF SAFETY TO AIR TRAVEL. FOLLOWING THIS EVENT, WE HAD THE DME IN THIS ACFT CHKED WHERE WE FOUND IT TO BE PRESENTING ERRONEOUS READINGS. THIS WOULD INDICATE THAT OUR DSCNT PROFILE WAS NONSTANDARD AND THE CTLR'S QUERIES TO IF WE WERE GOING TO MAKE MRLIN OR NOT WOULD TESTIFY TO THIS FACT. BY NOT LETTING US IN ON THE INFO THAT THE CTLR HAD AND WAITING UNTIL WE WERE AT THE FIX WHERE THE XING RESTR HAD TO BE MADE, THEN SPRING THE INFO ON US INDICATES 1 OF 2 THINGS: 1) THE CTLR WAS NOT FULLY COGNIZANT OF WHAT WAS GOING ON IN THAT SECTOR, OR 2) THE CTLR WAS LOOKING FOR AN OPPORTUNITY TO ISSUE A VIOLATION TO IMPROVE THEIR CURRENT JOB POS AND RATING. THEREFORE, WAITING FOR THE ALTDEV TO OCCUR INSTEAD OF BEING A SAFETY NOT FOR A POSSIBLE PROB.

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.

A crossing restr not met on account of malfunctioning DME leads to a vector for traffic into turbulence. Reporter wonders about the motivation of the controller for not issuing an advisory.