Narrative:

The flight was an instructional flight, which departed from cdw at approximately XA30 with myself and two other pilots on board. The appropriate VFR flight plan was filed and the required transponder code was issued by the tower. No departure control frequency was used. In fact there were many inconsistencies during the ADIZ restrs. The flight proceeded west and once clear of the tfr-ADIZ, we proceeded north towards mgj. The flight landed at mgj as planned and we cancelled the VFR flight plan. About 20 mins later, we filed a VFR flight plan to return to cdw. While filing the flight plan, the flight service personnel asked what I would use as an entry point to which I responded 'north of the sparta VOR' (sax). We departed mgj and climbed to 3000 ft MSL. We maintained 3000 ft during the entire flight to the planned entry point at which time contact was made to ny approach on 127.6. We were advised to standby due to the volume of traffic. They advised us to call back in 5 mins. A few mins later, the controller announced 'VFR aircraft, I can take 2 more.' I responded with my tail number and was given a transponder code and cleared into the airspace. We landed at cdw without incident. I received a call the following day advising me that an aircraft flying around the same location was at 2200-2400 ft. The aircraft in question could not have been my aircraft. The two other pilots on board my aircraft (one holds a private pilot certificate with instrument rating and the other holds a commercial certificate and flight instructor rating) at the time have verified that at no time was our aircraft below 3000 ft MSL, nor had we flown inside the boundaries of the tfr-ADIZ. I would like to comment on the situation. Since the inception of the ADIZ, there have been numerous inconsistencies operationally and procedurally with the control tower and the departure controllers. The use of departure control frequencies has been inconsistent and seems to change hourly with shift changes. Sometimes you would speak only to the tower controller, yet other times, the tower controllers would not allow this. Some controllers allow you to enter the ADIZ without a clearance as long as you have been issued a transponder code while others require you to obtain a clearance to enter the airspace. On many occasions, I have heard pilots on frequency who are confused and uncertain whether they are cleared or not cleared into the airspace. It appears the procedures are not clearly defined for both controllers and pilots, and the normal channels of communication have broken down.

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Original NASA ASRS Text

Title: PA30 PLT CHALLENGES NY ADIZ VIOLATION HOLDING AND ALT PROC WHILE WAITING FOR CLRNC TO CDW.

Narrative: THE FLT WAS AN INSTRUCTIONAL FLT, WHICH DEPARTED FROM CDW AT APPROX XA30 WITH MYSELF AND TWO OTHER PLTS ON BOARD. THE APPROPRIATE VFR FLT PLAN WAS FILED AND THE REQUIRED XPONDER CODE WAS ISSUED BY THE TWR. NO DEPARTURE CTL FREQUENCY WAS USED. IN FACT THERE WERE MANY INCONSISTENCIES DURING THE ADIZ RESTRS. THE FLT PROCEEDED W AND ONCE CLR OF THE TFR-ADIZ, WE PROCEEDED N TOWARDS MGJ. THE FLT LANDED AT MGJ AS PLANNED AND WE CANCELLED THE VFR FLT PLAN. ABOUT 20 MINS LATER, WE FILED A VFR FLT PLAN TO RETURN TO CDW. WHILE FILING THE FLT PLAN, THE FLT SERVICE PERSONNEL ASKED WHAT I WOULD USE AS AN ENTRY POINT TO WHICH I RESPONDED 'N OF THE SPARTA VOR' (SAX). WE DEPARTED MGJ AND CLIMBED TO 3000 FT MSL. WE MAINTAINED 3000 FT DURING THE ENTIRE FLT TO THE PLANNED ENTRY POINT AT WHICH TIME CONTACT WAS MADE TO NY APCH ON 127.6. WE WERE ADVISED TO STANDBY DUE TO THE VOLUME OF TFC. THEY ADVISED US TO CALL BACK IN 5 MINS. A FEW MINS LATER, THE CTLR ANNOUNCED 'VFR ACFT, I CAN TAKE 2 MORE.' I RESPONDED WITH MY TAIL NUMBER AND WAS GIVEN A XPONDER CODE AND CLRED INTO THE AIRSPACE. WE LANDED AT CDW WITHOUT INCIDENT. I RECEIVED A CALL THE FOLLOWING DAY ADVISING ME THAT AN ACFT FLYING AROUND THE SAME LOCATION WAS AT 2200-2400 FT. THE ACFT IN QUESTION COULD NOT HAVE BEEN MY ACFT. THE TWO OTHER PLTS ON BOARD MY ACFT (ONE HOLDS A PRIVATE PLT CERTIFICATE WITH INSTRUMENT RATING AND THE OTHER HOLDS A COMMERCIAL CERTIFICATE AND FLT INSTRUCTOR RATING) AT THE TIME HAVE VERIFIED THAT AT NO TIME WAS OUR ACFT BELOW 3000 FT MSL, NOR HAD WE FLOWN INSIDE THE BOUNDARIES OF THE TFR-ADIZ. I WOULD LIKE TO COMMENT ON THE SIT. SINCE THE INCEPTION OF THE ADIZ, THERE HAVE BEEN NUMEROUS INCONSISTENCIES OPERATIONALLY AND PROCEDURALLY WITH THE CTL TWR AND THE DEP CTLRS. THE USE OF DEP CTL FREQUENCIES HAS BEEN INCONSISTENT AND SEEMS TO CHANGE HOURLY WITH SHIFT CHANGES. SOMETIMES YOU WOULD SPEAK ONLY TO THE TWR CTLR, YET OTHER TIMES, THE TWR CTLRS WOULD NOT ALLOW THIS. SOME CTLRS ALLOW YOU TO ENTER THE ADIZ WITHOUT A CLRNC AS LONG AS YOU HAVE BEEN ISSUED A XPONDER CODE WHILE OTHERS REQUIRE YOU TO OBTAIN A CLRNC TO ENTER THE AIRSPACE. ON MANY OCCASIONS, I HAVE HEARD PLTS ON FREQUENCY WHO ARE CONFUSED AND UNCERTAIN WHETHER THEY ARE CLRED OR NOT CLRED INTO THE AIRSPACE. IT APPEARS THE PROCS ARE NOT CLRLY DEFINED FOR BOTH CTLRS AND PLTS, AND THE NORMAL CHANNELS OF COM HAVE BROKEN DOWN.

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.