C172 pilot challenges 090 controller's approach clearance.

Attributes
ACN	524759
Time
Date	200109
Day	Mon
Local Time Of Day	0001 To 0600
Place
Locale Reference	airport : sjc.airport
State Reference	CA
Altitude	msl bound lower : 6000 msl bound upper : 8000
Environment
Light	Night
Aircraft 1
Controlling Facilities	tracon : o90.tracon tracon : lan.tracon
Operator	general aviation : personal
Make Model Name	Skyhawk 172/Cutlass 172
Operating Under FAR Part	Part 91
Flight Phase	descent : approach
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : instrument
Experience	flight time last 90 days : 100 flight time total : 640 flight time type : 530
ASRS Report	524759
Person 2
Affiliation	government : faa
Function	controller : approach
Events
Anomaly	non adherence : published procedure non adherence : clearance other spatial deviation
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took precautionary avoidance action
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance

Narrative:

I was IFR from mry to pao with the following clearance: mry-sns-gilro-sjc-direct. When I contacted ZOA after takeoff, they gave me a heading and to go sjc direct when able. All was well until I got handed off to bay. The controller instructed me to head 280 degrees and descend to 6000 ft, to intercept the final approach course. I was cleared for the approach. I read back the clearance and knew something was wrong. I did a double take of the VOR/DME runway 31 approach for pao and the final course is 286 degrees. I asked the controller if she said 280 degrees. She replied in the affirmative and cleared me to 4300 ft. I stated that this was not going to work, but she didn't get it. (As all of this was happening, I began a slow descent to 6000 ft and heading 315 degrees.) I asked for FL330 or FL340 and she said that was fine. I intercepted the final approach course 3.6 DME west of sjc a few mins after switched to the CTAF. The thing that made it really obvious it was a bum clearance were the lights visible through the layer of fog. It also helped that I realized my turn to final would be closer to 40 degrees and not 50 degrees or 60 degrees (due to winds). I have never disobeyed a clearance before, but this was justified based on that it wouldn't give me proper terrain clearance.

Original NASA ASRS Text

Title: C172 PLT CHALLENGES 090 CTLR'S APCH CLRNC.

Narrative: I WAS IFR FROM MRY TO PAO WITH THE FOLLOWING CLRNC: MRY-SNS-GILRO-SJC-DIRECT. WHEN I CONTACTED ZOA AFTER TKOF, THEY GAVE ME A HEADING AND TO GO SJC DIRECT WHEN ABLE. ALL WAS WELL UNTIL I GOT HANDED OFF TO BAY. THE CTLR INSTRUCTED ME TO HEAD 280 DEGS AND DSND TO 6000 FT, TO INTERCEPT THE FINAL APCH COURSE. I WAS CLRED FOR THE APCH. I READ BACK THE CLRNC AND KNEW SOMETHING WAS WRONG. I DID A DOUBLE TAKE OF THE VOR/DME RWY 31 APCH FOR PAO AND THE FINAL COURSE IS 286 DEGS. I ASKED THE CTLR IF SHE SAID 280 DEGS. SHE REPLIED IN THE AFFIRMATIVE AND CLRED ME TO 4300 FT. I STATED THAT THIS WAS NOT GOING TO WORK, BUT SHE DIDN'T GET IT. (AS ALL OF THIS WAS HAPPENING, I BEGAN A SLOW DSCNT TO 6000 FT AND HEADING 315 DEGS.) I ASKED FOR FL330 OR FL340 AND SHE SAID THAT WAS FINE. I INTERCEPTED THE FINAL APCH COURSE 3.6 DME W OF SJC A FEW MINS AFTER SWITCHED TO THE CTAF. THE THING THAT MADE IT REALLY OBVIOUS IT WAS A BUM CLRNC WERE THE LIGHTS VISIBLE THROUGH THE LAYER OF FOG. IT ALSO HELPED THAT I REALIZED MY TURN TO FINAL WOULD BE CLOSER TO 40 DEGS AND NOT 50 DEGS OR 60 DEGS (DUE TO WINDS). I HAVE NEVER DISOBEYED A CLRNC BEFORE, BUT THIS WAS JUSTIFIED BASED ON THAT IT WOULDN'T GIVE ME PROPER TERRAIN CLRNC.

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.