Narrative:

The scheduled flight was to enter the united states at sky, oh, at XC00. The sandusky customs officer was notified the morning of jan/mon/02 to schedule the clearance. Inspector mr X was on duty. Toronto WX on the evening of jan/tue/02 produced an ice storm with freezing rain. An option to clear customs in day was the alternative if the WX in the toledo, sandusky area degraded. On arriving at CNC3, the radar showed a band of ice and freezing rain approaching toledo and sandusky at the proposed time of flight. Toledo was reporting freezing rain. At that point, the decision was made to fly straight to day. At XA00, a call was made to inspector mr X and he was notified that due to the degrading WX, the flight to clear in sandusky would be aborted to fly straight to day. Inspector mr X was in agreement. Was then asked at that time if in the case that the flight produced ice collection beyond the capability of the aircraft, what would be the procedure to clear customs in the event a forced landing would be required due to the WX conditions. Inspector mr X stated 'safety of the pilot and aircraft was first and foremost. Customs would work out the details later.' I reported the flight from toronto to day would clear united states customs at XD30. The customs agent on duty requested the final destination. I replied 'home base is mgy.' the customs agent replied 'we can clear you down there.' I responded, 'you will come down to dayton wright brothers to clear me?' the agent responded by saying 'plus or minus 15 mins.' I then asked the dayton united states customs agent 'in the case this flight produced WX conditions beyond the capabilities of the aircraft, I would be landing at the nearest airport. What would be the procedure to clear customs in this case?' the agent replied to notify FSS and the details would be 'worked out.' the flight was conducted on jan/wed/02 departing CNC3, toronto. The IFR flight was in almost 100% IMC. As I passed through the reported 800 ft ceiling, I was still IMC at 1400 ft. At 1360 ft the approach lights became visible. The landing was made without incident. I taxied to the local FBO at mgy and radioed for custom clearance. The reply was that no inspector had been at the field. The time was XD35. I called united states customs, day. An inspector mr Y answered. I stated this was mooney X on the ground at mgy, landed at XD35 at dayton and was awaiting customs clearance. Inspector mr Y promptly told me I had scheduled an XD30 clearance at day. I told him I was told I 'could be cleared' at mgy. Inspector mr Y told me I was 'wrong,' I had scheduled at day. I told inspector mr Y that it was his agent that suggested clearing at mgy. Inspector mr Y said 'impossible,' that none of his agents would say that. I told inspector mr Y he was wrong, that I would have never have flown to mgy if his agent had not recommended it and on top of that, I had no idea where company Y was! Inspector mr Y emphatically stated 'if you are not at company in 1 hour, I will place a $10000 fine.' I stated to inspector mr Y that the WX conditions had deteriorated to a point where it could be illegal to take off and land. I also stated my aircraft was not icing equipped. Inspector mr Y again stated, 'that's your problem, if you're not here in 1 hour, there will be a $10000 fine.' I again stated it was not safe and asked if he, inspector Y, was willing to take on the responsibility of a PIC. Inspector mr Y was either unaware of or unconcerned with WX conditions/flight regulations, stating 'that's your problem, if you're not here in 1 hour, there will be a $10000 fine assessed.' now with the added pressure of a $10000 fine, pilot fatigue, WX conditions at a minimal and night, rain, single engine, single pilot, non-ice rated craft, I was directed to fly to day. Being coerced beyond my best judgement, I launched off of mgy. The approach into day's runway 6L was at minimums. The approach lights did not come into view until 200 ft AGL. Ground control gave progressive taxi instructions to company Y to clear customs. Conclusion: 1) united states customs put a united states citizen in peril. 2) united states customs, dayton, evidently does not now the airport system and layouts, ie, the difference between mgy and day or dayton wright brothers airport and company Y. Recommendations: 1) reprimand of inspector mr Y should be made for coercion. 2) require day company to change name. 3) training to help customs officials understand such a mistake and be able to solve it without threats and coercion. A lesser experienced pilot, acting under threats of federal prosecution and intimidation by a federal official, might have made a decision we all would have regretted.

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Original NASA ASRS Text

Title: AN APPARENT MISUNDERSTANDING OF WHERE CUSTOMS CLRNC WAS TO BE DONE LEADS TO THREATS OF A FINE FROM A CUSTOMS INSPECTOR AND A FLT IN MINIMUM WX AND ICING CONDITIONS BY AN ILL-EQUIPPED ACFT.

Narrative: THE SCHEDULED FLT WAS TO ENTER THE UNITED STATES AT SKY, OH, AT XC00. THE SANDUSKY CUSTOMS OFFICER WAS NOTIFIED THE MORNING OF JAN/MON/02 TO SCHEDULE THE CLRNC. INSPECTOR MR X WAS ON DUTY. TORONTO WX ON THE EVENING OF JAN/TUE/02 PRODUCED AN ICE STORM WITH FREEZING RAIN. AN OPTION TO CLR CUSTOMS IN DAY WAS THE ALTERNATIVE IF THE WX IN THE TOLEDO, SANDUSKY AREA DEGRADED. ON ARRIVING AT CNC3, THE RADAR SHOWED A BAND OF ICE AND FREEZING RAIN APCHING TOLEDO AND SANDUSKY AT THE PROPOSED TIME OF FLT. TOLEDO WAS RPTING FREEZING RAIN. AT THAT POINT, THE DECISION WAS MADE TO FLY STRAIGHT TO DAY. AT XA00, A CALL WAS MADE TO INSPECTOR MR X AND HE WAS NOTIFIED THAT DUE TO THE DEGRADING WX, THE FLT TO CLR IN SANDUSKY WOULD BE ABORTED TO FLY STRAIGHT TO DAY. INSPECTOR MR X WAS IN AGREEMENT. WAS THEN ASKED AT THAT TIME IF IN THE CASE THAT THE FLT PRODUCED ICE COLLECTION BEYOND THE CAPABILITY OF THE ACFT, WHAT WOULD BE THE PROC TO CLR CUSTOMS IN THE EVENT A FORCED LNDG WOULD BE REQUIRED DUE TO THE WX CONDITIONS. INSPECTOR MR X STATED 'SAFETY OF THE PLT AND ACFT WAS FIRST AND FOREMOST. CUSTOMS WOULD WORK OUT THE DETAILS LATER.' I RPTED THE FLT FROM TORONTO TO DAY WOULD CLR UNITED STATES CUSTOMS AT XD30. THE CUSTOMS AGENT ON DUTY REQUESTED THE FINAL DEST. I REPLIED 'HOME BASE IS MGY.' THE CUSTOMS AGENT REPLIED 'WE CAN CLR YOU DOWN THERE.' I RESPONDED, 'YOU WILL COME DOWN TO DAYTON WRIGHT BROTHERS TO CLR ME?' THE AGENT RESPONDED BY SAYING 'PLUS OR MINUS 15 MINS.' I THEN ASKED THE DAYTON UNITED STATES CUSTOMS AGENT 'IN THE CASE THIS FLT PRODUCED WX CONDITIONS BEYOND THE CAPABILITIES OF THE ACFT, I WOULD BE LNDG AT THE NEAREST ARPT. WHAT WOULD BE THE PROC TO CLR CUSTOMS IN THIS CASE?' THE AGENT REPLIED TO NOTIFY FSS AND THE DETAILS WOULD BE 'WORKED OUT.' THE FLT WAS CONDUCTED ON JAN/WED/02 DEPARTING CNC3, TORONTO. THE IFR FLT WAS IN ALMOST 100% IMC. AS I PASSED THROUGH THE RPTED 800 FT CEILING, I WAS STILL IMC AT 1400 FT. AT 1360 FT THE APCH LIGHTS BECAME VISIBLE. THE LNDG WAS MADE WITHOUT INCIDENT. I TAXIED TO THE LCL FBO AT MGY AND RADIOED FOR CUSTOM CLRNC. THE REPLY WAS THAT NO INSPECTOR HAD BEEN AT THE FIELD. THE TIME WAS XD35. I CALLED UNITED STATES CUSTOMS, DAY. AN INSPECTOR MR Y ANSWERED. I STATED THIS WAS MOONEY X ON THE GND AT MGY, LANDED AT XD35 AT DAYTON AND WAS AWAITING CUSTOMS CLRNC. INSPECTOR MR Y PROMPTLY TOLD ME I HAD SCHEDULED AN XD30 CLRNC AT DAY. I TOLD HIM I WAS TOLD I 'COULD BE CLRED' AT MGY. INSPECTOR MR Y TOLD ME I WAS 'WRONG,' I HAD SCHEDULED AT DAY. I TOLD INSPECTOR MR Y THAT IT WAS HIS AGENT THAT SUGGESTED CLRING AT MGY. INSPECTOR MR Y SAID 'IMPOSSIBLE,' THAT NONE OF HIS AGENTS WOULD SAY THAT. I TOLD INSPECTOR MR Y HE WAS WRONG, THAT I WOULD HAVE NEVER HAVE FLOWN TO MGY IF HIS AGENT HAD NOT RECOMMENDED IT AND ON TOP OF THAT, I HAD NO IDEA WHERE COMPANY Y WAS! INSPECTOR MR Y EMPHATICALLY STATED 'IF YOU ARE NOT AT COMPANY IN 1 HR, I WILL PLACE A $10000 FINE.' I STATED TO INSPECTOR MR Y THAT THE WX CONDITIONS HAD DETERIORATED TO A POINT WHERE IT COULD BE ILLEGAL TO TAKE OFF AND LAND. I ALSO STATED MY ACFT WAS NOT ICING EQUIPPED. INSPECTOR MR Y AGAIN STATED, 'THAT'S YOUR PROB, IF YOU'RE NOT HERE IN 1 HR, THERE WILL BE A $10000 FINE.' I AGAIN STATED IT WAS NOT SAFE AND ASKED IF HE, INSPECTOR Y, WAS WILLING TO TAKE ON THE RESPONSIBILITY OF A PIC. INSPECTOR MR Y WAS EITHER UNAWARE OF OR UNCONCERNED WITH WX CONDITIONS/FLT REGS, STATING 'THAT'S YOUR PROB, IF YOU'RE NOT HERE IN 1 HR, THERE WILL BE A $10000 FINE ASSESSED.' NOW WITH THE ADDED PRESSURE OF A $10000 FINE, PLT FATIGUE, WX CONDITIONS AT A MINIMAL AND NIGHT, RAIN, SINGLE ENG, SINGLE PLT, NON-ICE RATED CRAFT, I WAS DIRECTED TO FLY TO DAY. BEING COERCED BEYOND MY BEST JUDGEMENT, I LAUNCHED OFF OF MGY. THE APCH INTO DAY'S RWY 6L WAS AT MINIMUMS. THE APCH LIGHTS DID NOT COME INTO VIEW UNTIL 200 FT AGL. GND CTL GAVE PROGRESSIVE TAXI INSTRUCTIONS TO COMPANY Y TO CLR CUSTOMS. CONCLUSION: 1) UNITED STATES CUSTOMS PUT A UNITED STATES CITIZEN IN PERIL. 2) UNITED STATES CUSTOMS, DAYTON, EVIDENTLY DOES NOT NOW THE ARPT SYS AND LAYOUTS, IE, THE DIFFERENCE BTWN MGY AND DAY OR DAYTON WRIGHT BROTHERS ARPT AND COMPANY Y. RECOMMENDATIONS: 1) REPRIMAND OF INSPECTOR MR Y SHOULD BE MADE FOR COERCION. 2) REQUIRE DAY COMPANY TO CHANGE NAME. 3) TRAINING TO HELP CUSTOMS OFFICIALS UNDERSTAND SUCH A MISTAKE AND BE ABLE TO SOLVE IT WITHOUT THREATS AND COERCION. A LESSER EXPERIENCED PLT, ACTING UNDER THREATS OF FEDERAL PROSECUTION AND INTIMIDATION BY A FEDERAL OFFICIAL, MIGHT HAVE MADE A DECISION WE ALL WOULD HAVE REGRETTED.

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.