Narrative:

The reason I am writing to you today is due to a skydiving demonstration that I recently flew on jul/xa/02 over cos, co, for a skydiver from out of town. In the hours before the flight, I filed a NOTAM with the denver FSS. Through the conversation with the FSS briefer. She explained that a 7711 form was required and I, in turn, argued that the far's as I understood them did not require one. She later agreed with me due to the circumstances of the jump to take place. I then called the tower at cos airport to confirm that the NOTAM had been received. The controller and I again discussed the far's and their interpretation. He felt that the location was remote enough to agree that the intended jump was not a conflict, the proper NOTAM had been filed and explained that he had no problem with the jump. I was departing the cos airport and advising them of my intentions when the controller began to argue the far's with me one last time. When he was done, he explained that I would have to proceed at my own risk. I ask you, what risk was he speaking of? Could he have been warning me that I would be dealing with a violation if I proceeded? Our intended jump time was nearing and I needed to think, so I proceeded with the flight while I tried to raise my dispatch/manifest to discuss the situation further with them. During that time I set up the jump as planned. The airspace was secured, the NOTAM was published and radio contact was established with the controling agency. At the last min, I canceled the jump. The risk of violation was too great (especially if the tower is warning me of it). This is where things get just dumb. The jumper (not so bright), doesn't really understand the situation. I don't know if he misunderstood my orders or if he ignored them altogether. We were where the jump was to take place and so he jumped. The door came open and out he went. Now I am tripping because I know that my pilot certificate is on the line but I just told the tower that the flight was canceled. I don't know if they saw it or not, I did not tell them because I was worried for my certificate and I quickly rationalized that the airspace was cleared, pilots in the area knew about the jump and we were at the location of the published jump and it was the jump time. My own inactions could have caused a serious problem. I should have notified the controling tower of the situation. I used poor judgement in not doing so. I was more worried about my ratings than I was about the safety of the flight. The only thing I could have done would have been to use force, but that would have only created a whole new problem and possible greater danger to the safety of the flight. There are several circumstances that caused this problem first on the list are the far's. Not so surprisingly they do not clearly state the rules and are left open to interpretation. My own interpretation of the regulations led me to believe that because it was not a crowded area and over private property that a 7711 form was not necessary. With this kind of event you have the pilots, the aircraft owners and the skydivers interpretation. Somehow none of us is as smart as the FAA. They wrote the things and even they have to interpretation their own regulations. Enough said about that. My situation is not news to you. The next problem. With this situation is that the control tower had no business arguing with me while I was taxiing to the runway for takeoff. Cos tower had my cell phone number and so did the denver FSS. Either one of them could have called me back to discuss the situation further. It put the pilot (me) in the situation of having to deal with issues that should have been resolved while we were still on the ground, not while trying to handle a complex aircraft and a paying customer both requiring my attention. This situation could have been avoided, and in the future I will have all of my bases covered in advance. I have been flying jumpers for over 1 yr now and this is the first time that I had done a demonstration jump. I have never had any conflicts of this kind and will be very leery of doing this kind of demonstration in the future.

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Original NASA ASRS Text

Title: PLT OF SKYDIVING JUMP C205 DID NOT FULLY MEET THE FAR NOTIFICATION REQUIREMENTS WITH COS ATC.

Narrative: THE REASON I AM WRITING TO YOU TODAY IS DUE TO A SKYDIVING DEMONSTRATION THAT I RECENTLY FLEW ON JUL/XA/02 OVER COS, CO, FOR A SKYDIVER FROM OUT OF TOWN. IN THE HRS BEFORE THE FLT, I FILED A NOTAM WITH THE DENVER FSS. THROUGH THE CONVERSATION WITH THE FSS BRIEFER. SHE EXPLAINED THAT A 7711 FORM WAS REQUIRED AND I, IN TURN, ARGUED THAT THE FAR'S AS I UNDERSTOOD THEM DID NOT REQUIRE ONE. SHE LATER AGREED WITH ME DUE TO THE CIRCUMSTANCES OF THE JUMP TO TAKE PLACE. I THEN CALLED THE TWR AT COS ARPT TO CONFIRM THAT THE NOTAM HAD BEEN RECEIVED. THE CTLR AND I AGAIN DISCUSSED THE FAR'S AND THEIR INTERP. HE FELT THAT THE LOCATION WAS REMOTE ENOUGH TO AGREE THAT THE INTENDED JUMP WAS NOT A CONFLICT, THE PROPER NOTAM HAD BEEN FILED AND EXPLAINED THAT HE HAD NO PROB WITH THE JUMP. I WAS DEPARTING THE COS ARPT AND ADVISING THEM OF MY INTENTIONS WHEN THE CTLR BEGAN TO ARGUE THE FAR'S WITH ME ONE LAST TIME. WHEN HE WAS DONE, HE EXPLAINED THAT I WOULD HAVE TO PROCEED AT MY OWN RISK. I ASK YOU, WHAT RISK WAS HE SPEAKING OF? COULD HE HAVE BEEN WARNING ME THAT I WOULD BE DEALING WITH A VIOLATION IF I PROCEEDED? OUR INTENDED JUMP TIME WAS NEARING AND I NEEDED TO THINK, SO I PROCEEDED WITH THE FLT WHILE I TRIED TO RAISE MY DISPATCH/MANIFEST TO DISCUSS THE SIT FURTHER WITH THEM. DURING THAT TIME I SET UP THE JUMP AS PLANNED. THE AIRSPACE WAS SECURED, THE NOTAM WAS PUBLISHED AND RADIO CONTACT WAS ESTABLISHED WITH THE CTLING AGENCY. AT THE LAST MIN, I CANCELED THE JUMP. THE RISK OF VIOLATION WAS TOO GREAT (ESPECIALLY IF THE TWR IS WARNING ME OF IT). THIS IS WHERE THINGS GET JUST DUMB. THE JUMPER (NOT SO BRIGHT), DOESN'T REALLY UNDERSTAND THE SIT. I DON'T KNOW IF HE MISUNDERSTOOD MY ORDERS OR IF HE IGNORED THEM ALTOGETHER. WE WERE WHERE THE JUMP WAS TO TAKE PLACE AND SO HE JUMPED. THE DOOR CAME OPEN AND OUT HE WENT. NOW I AM TRIPPING BECAUSE I KNOW THAT MY PLT CERTIFICATE IS ON THE LINE BUT I JUST TOLD THE TWR THAT THE FLT WAS CANCELED. I DON'T KNOW IF THEY SAW IT OR NOT, I DID NOT TELL THEM BECAUSE I WAS WORRIED FOR MY CERTIFICATE AND I QUICKLY RATIONALIZED THAT THE AIRSPACE WAS CLRED, PLTS IN THE AREA KNEW ABOUT THE JUMP AND WE WERE AT THE LOCATION OF THE PUBLISHED JUMP AND IT WAS THE JUMP TIME. MY OWN INACTIONS COULD HAVE CAUSED A SERIOUS PROB. I SHOULD HAVE NOTIFIED THE CTLING TWR OF THE SIT. I USED POOR JUDGEMENT IN NOT DOING SO. I WAS MORE WORRIED ABOUT MY RATINGS THAN I WAS ABOUT THE SAFETY OF THE FLT. THE ONLY THING I COULD HAVE DONE WOULD HAVE BEEN TO USE FORCE, BUT THAT WOULD HAVE ONLY CREATED A WHOLE NEW PROB AND POSSIBLE GREATER DANGER TO THE SAFETY OF THE FLT. THERE ARE SEVERAL CIRCUMSTANCES THAT CAUSED THIS PROB FIRST ON THE LIST ARE THE FAR'S. NOT SO SURPRISINGLY THEY DO NOT CLRLY STATE THE RULES AND ARE LEFT OPEN TO INTERP. MY OWN INTERP OF THE REGS LED ME TO BELIEVE THAT BECAUSE IT WAS NOT A CROWDED AREA AND OVER PVT PROPERTY THAT A 7711 FORM WAS NOT NECESSARY. WITH THIS KIND OF EVENT YOU HAVE THE PLTS, THE ACFT OWNERS AND THE SKYDIVERS INTERP. SOMEHOW NONE OF US IS AS SMART AS THE FAA. THEY WROTE THE THINGS AND EVEN THEY HAVE TO INTERP THEIR OWN REGS. ENOUGH SAID ABOUT THAT. MY SIT IS NOT NEWS TO YOU. THE NEXT PROB. WITH THIS SIT IS THAT THE CTL TWR HAD NO BUSINESS ARGUING WITH ME WHILE I WAS TAXIING TO THE RWY FOR TKOF. COS TWR HAD MY CELL PHONE NUMBER AND SO DID THE DENVER FSS. EITHER ONE OF THEM COULD HAVE CALLED ME BACK TO DISCUSS THE SIT FURTHER. IT PUT THE PLT (ME) IN THE SIT OF HAVING TO DEAL WITH ISSUES THAT SHOULD HAVE BEEN RESOLVED WHILE WE WERE STILL ON THE GND, NOT WHILE TRYING TO HANDLE A COMPLEX ACFT AND A PAYING CUSTOMER BOTH REQUIRING MY ATTN. THIS SIT COULD HAVE BEEN AVOIDED, AND IN THE FUTURE I WILL HAVE ALL OF MY BASES COVERED IN ADVANCE. I HAVE BEEN FLYING JUMPERS FOR OVER 1 YR NOW AND THIS IS THE FIRST TIME THAT I HAD DONE A DEMO JUMP. I HAVE NEVER HAD ANY CONFLICTS OF THIS KIND AND WILL BE VERY LEERY OF DOING THIS KIND OF DEMO IN THE FUTURE.

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.