PIC and controller behavior and lack of professionalism result in refused clrncs, refusal to follow ...

Attributes
ACN	539045
Time
Date	200202
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : teb.airport
State Reference	NJ
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon tower : teb.tower
Operator	general aviation : personal
Make Model Name	Medium Transport
Operating Under FAR Part	Part 91
Flight Phase	climbout : takeoff ground : taxi ground : parked
Route In Use	departure : vfr departure other
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : first officer oversight : pic
Qualification	pilot : flight engineer pilot : cfi pilot : atp
Experience	flight time last 90 days : 100 flight time total : 29000 flight time type : 100
ASRS Report	539045
Person 2
Affiliation	other
Function	flight crew : captain
Events
Anomaly	non adherence : published procedure non adherence : clearance
Independent Detector	other controllera other controllerb other flight crewa
Resolutory Action	none taken : unable
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Company Flight Crew Human Performance ATC Human Performance
Primary Problem	Flight Crew Human Performance

Narrative:

I was flying, chief pilot was PIC acting as first officer. Chief pilot had been arguing with ground control over 1+ hour delay and elected to depart VFR. It was obvious that PIC and controller had been at each other and in a power play over authority/authorized. ATC had canceled our IFR and told us we had to now go VFR or go to bottom of list when PIC was only trying to explore alternatives and determine our position after 1 hour. No aircraft waiting ahead and a cavu day. ATC told us not to try picking up IFR in air as we would be refused. Flying aircraft on VFR clearance following dalton departure ATC told us at liftoff to maintain less than or equal to 1000 ft (dalton departure altitude is 1300 ft). Going west this sets off our GPWS due hills. When changed to departure control, PIC asked if we could pick up an IFR clearance. ATC responded, if you want IFR 'get back on ground' as you were told. It was obvious ground had talked to departure. PIC was not going to have me land in cavu WX. We asked for clearance through area. ATC cleared us to climb unrestr to 10500 ft. PIC refused to reset altimeter and told me to stay at 1300 ft as he thought class B floor was lower than 10500 ft. I told PIC it didn't matter, we just received an ATC clearance to 'climb unrestr through class B to 10500 ft.' I started climb as I could see morristown at 1:30 O'clock position in the near distance. At that time ATC came on in an argumentative voice advising us we were flying through morristown's air traffic area. Our PIC and I disputed this as we were well clear. We climbed to 10500 ft proceeding direct orf without incident although the PIC and ATC continued to argue about our IFR clearance and whether we could go all the way to pbi legally at 17500 ft. ATC said we could not (we could if going inland). I flew. They argued. I could understand delays. But with cavu, I don't think it is ATC's job to hinder a VFR legal flight because we have to get our boss to his destination an alternate way. ATC picked us up IFR in ZDC airspace.

Original NASA ASRS Text

Title: PIC AND CTLR BEHAVIOR AND LACK OF PROFESSIONALISM RESULT IN REFUSED CLRNCS, REFUSAL TO FOLLOW A CLRNC, AND MUCH FRUSTRATION FOR THE PLT FLYING THE ACFT.

Narrative: I WAS FLYING, CHIEF PLT WAS PIC ACTING AS FO. CHIEF PLT HAD BEEN ARGUING WITH GND CTL OVER 1+ HR DELAY AND ELECTED TO DEPART VFR. IT WAS OBVIOUS THAT PIC AND CTLR HAD BEEN AT EACH OTHER AND IN A PWR PLAY OVER AUTH. ATC HAD CANCELED OUR IFR AND TOLD US WE HAD TO NOW GO VFR OR GO TO BOTTOM OF LIST WHEN PIC WAS ONLY TRYING TO EXPLORE ALTERNATIVES AND DETERMINE OUR POS AFTER 1 HR. NO ACFT WAITING AHEAD AND A CAVU DAY. ATC TOLD US NOT TO TRY PICKING UP IFR IN AIR AS WE WOULD BE REFUSED. FLYING ACFT ON VFR CLRNC FOLLOWING DALTON DEP ATC TOLD US AT LIFTOFF TO MAINTAIN LESS THAN OR EQUAL TO 1000 FT (DALTON DEP ALT IS 1300 FT). GOING W THIS SETS OFF OUR GPWS DUE HILLS. WHEN CHANGED TO DEP CTL, PIC ASKED IF WE COULD PICK UP AN IFR CLRNC. ATC RESPONDED, IF YOU WANT IFR 'GET BACK ON GND' AS YOU WERE TOLD. IT WAS OBVIOUS GND HAD TALKED TO DEP. PIC WAS NOT GOING TO HAVE ME LAND IN CAVU WX. WE ASKED FOR CLRNC THROUGH AREA. ATC CLRED US TO CLB UNRESTR TO 10500 FT. PIC REFUSED TO RESET ALTIMETER AND TOLD ME TO STAY AT 1300 FT AS HE THOUGHT CLASS B FLOOR WAS LOWER THAN 10500 FT. I TOLD PIC IT DIDN'T MATTER, WE JUST RECEIVED AN ATC CLRNC TO 'CLB UNRESTR THROUGH CLASS B TO 10500 FT.' I STARTED CLB AS I COULD SEE MORRISTOWN AT 1:30 O'CLOCK POS IN THE NEAR DISTANCE. AT THAT TIME ATC CAME ON IN AN ARGUMENTATIVE VOICE ADVISING US WE WERE FLYING THROUGH MORRISTOWN'S ATA. OUR PIC AND I DISPUTED THIS AS WE WERE WELL CLR. WE CLBED TO 10500 FT PROCEEDING DIRECT ORF WITHOUT INCIDENT ALTHOUGH THE PIC AND ATC CONTINUED TO ARGUE ABOUT OUR IFR CLRNC AND WHETHER WE COULD GO ALL THE WAY TO PBI LEGALLY AT 17500 FT. ATC SAID WE COULD NOT (WE COULD IF GOING INLAND). I FLEW. THEY ARGUED. I COULD UNDERSTAND DELAYS. BUT WITH CAVU, I DON'T THINK IT IS ATC'S JOB TO HINDER A VFR LEGAL FLT BECAUSE WE HAVE TO GET OUR BOSS TO HIS DEST AN ALTERNATE WAY. ATC PICKED US UP IFR IN ZDC AIRSPACE.

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.

PIC and controller behavior and lack of professionalism result in refused clrncs, refusal to follow a clearance, and much frustration for the pilot flying the aircraft.