Narrative:

Departed msn class C airspace with student pilot for a satellite airport outside msn class C airspace. Upon return flight, approaching msn class C airspace, determined that 2-WAY radio had failed. Squawked 7600 on transponder, observed reply, and proceeded to msn airport. As we reached visual range with the control tower, observed green light gun signal for landing and landed. Called tower controller via telephone to explain situation and was told of msn class C airspace violation. Referenced 2002 far-aim to check if airspace violation was correct. Aim 6-4-1 regarding lost communications indicates that failure of 2-WAY radios in VFR conditions 'each pilot shall continue the flight under VFR and land as soon as practical.' far 91.130 indicates that aircraft approaching class C airspace must 'establish 2-WAY radio communications with the ATC facility providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace.' I understand that far's are regulatory and that the aim is not. However, I believe that the aim should refer back to far regulation 91.130 since it contradicts what is indicated in the aim section giving guidance about 2-WAY radio communication failures. By definition it appears as if a mode C transponder could be interpreted to be a 2-WAY radio.

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Original NASA ASRS Text

Title: C152 INSTRUCTOR AND STUDENT HAVE VHF COM RADIO FAILURE. THEY SQUAWK THE APPROPRIATE NO COM XPONDER CODE AND TWR GAVE A GREEN LIGHT FOR LNDG.

Narrative: DEPARTED MSN CLASS C AIRSPACE WITH STUDENT PLT FOR A SATELLITE ARPT OUTSIDE MSN CLASS C AIRSPACE. UPON RETURN FLT, APCHING MSN CLASS C AIRSPACE, DETERMINED THAT 2-WAY RADIO HAD FAILED. SQUAWKED 7600 ON XPONDER, OBSERVED REPLY, AND PROCEEDED TO MSN ARPT. AS WE REACHED VISUAL RANGE WITH THE CTL TWR, OBSERVED GREEN LIGHT GUN SIGNAL FOR LNDG AND LANDED. CALLED TWR CTLR VIA TELEPHONE TO EXPLAIN SIT AND WAS TOLD OF MSN CLASS C AIRSPACE VIOLATION. REFED 2002 FAR-AIM TO CHK IF AIRSPACE VIOLATION WAS CORRECT. AIM 6-4-1 REGARDING LOST COMS INDICATES THAT FAILURE OF 2-WAY RADIOS IN VFR CONDITIONS 'EACH PLT SHALL CONTINUE THE FLT UNDER VFR AND LAND AS SOON AS PRACTICAL.' FAR 91.130 INDICATES THAT ACFT APCHING CLASS C AIRSPACE MUST 'ESTABLISH 2-WAY RADIO COMS WITH THE ATC FACILITY PROVIDING AIR TFC SVCS PRIOR TO ENTERING THAT AIRSPACE AND THEREAFTER MAINTAIN THOSE COMS WHILE WITHIN THAT AIRSPACE.' I UNDERSTAND THAT FAR'S ARE REGULATORY AND THAT THE AIM IS NOT. HOWEVER, I BELIEVE THAT THE AIM SHOULD REFER BACK TO FAR REG 91.130 SINCE IT CONTRADICTS WHAT IS INDICATED IN THE AIM SECTION GIVING GUIDANCE ABOUT 2-WAY RADIO COM FAILURES. BY DEFINITION IT APPEARS AS IF A MODE C XPONDER COULD BE INTERPRETED TO BE A 2-WAY RADIO.

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.