Narrative:

We were on a maintenance flight that originated out of linden airport. We landed at sky manor to balance the fuel tanks, and to make adjustments to the fixed rudder trim tab. We departed sky manor en route to linden airport. The ADIZ was in effect 30 miles around newark, kennedy and laguardia airports. We filed an ADIZ flight plan, and attempted to contact ny TRACON. The controller asked us to call back in two mins. We then began to circle over spruce run reservoir. We made contact again, and asked for clearance into the ny ADIZ. The controller said we were unreadable. We were now circling for 15 mins. We called the controller again on the same radio he then told us we were on the wrong frequency, and to try a different one. We made contact with that controller and he cleared us into the airspace with a beacon code. We completed our circle to an on course heading of 95 degrees, and then the controller told us we needed to call him when we got on the ground. He said we penetrated the ADIZ with out a beacon code. When we called the controller he first told us we penetrated by 8 miles. He gave us a radial of 281 degrees and 46 miles from kennedy VOR on a heading of 130 degree. This would be one mile into the ADIZ heading out of it. We told him we were circling for 15 mins west of the 30 mile mode C veil. He told us the mode C veil was not to be used. He said, 'we needed to stay 30 miles from ewr.' human performance consideration: we turned inbound as soon as we made contact, and when we did not receive a clearance we started circling again. This happened twice, and when we finally received a beacon code we were right on top of the ny ADIZ. We should have made contact with a less congested approach control such as abe. A hand-off to ny is much easier than opening a flight plan, even if it is just an ADIZ flight plan. Callback conversation with reporter revealed the following information: reporter stated that he was not the PIC. The owner/pilot was flying the aircraft and had filed as PIC for the flts. The reporter was fulfilling a maintenance role completing a post maintenance test flight. Interestingly, the reporter has received a letter of investigation from the FAA threatening penalties for the violation, notwithstanding his non plting role. Further, to the best of rptrs knowledge, the owner/pilot/PIC has not received a letter of investigation. According to the reporter, the FAA contacted him by phone and advised that filing NASA/ASRS reports was fine but that the immunity provisions of doing so would not apply in incidents involving the ADIZ.

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Original NASA ASRS Text

Title: PLT OF BE24 ENTERED NY ADIZ WITHOUT AUTHORIZATION WHILE AWAITING CLRNC FROM SATURATED CTLR.

Narrative: WE WERE ON A MAINT FLT THAT ORIGINATED OUT OF LINDEN ARPT. WE LANDED AT SKY MANOR TO BALANCE THE FUEL TANKS, AND TO MAKE ADJUSTMENTS TO THE FIXED RUDDER TRIM TAB. WE DEPARTED SKY MANOR ENRTE TO LINDEN ARPT. THE ADIZ WAS IN EFFECT 30 MILES AROUND NEWARK, KENNEDY AND LAGUARDIA ARPTS. WE FILED AN ADIZ FLT PLAN, AND ATTEMPTED TO CONTACT NY TRACON. THE CTLR ASKED US TO CALL BACK IN TWO MINS. WE THEN BEGAN TO CIRCLE OVER SPRUCE RUN RESERVOIR. WE MADE CONTACT AGAIN, AND ASKED FOR CLRNC INTO THE NY ADIZ. THE CTLR SAID WE WERE UNREADABLE. WE WERE NOW CIRCLING FOR 15 MINS. WE CALLED THE CTLR AGAIN ON THE SAME RADIO HE THEN TOLD US WE WERE ON THE WRONG FREQUENCY, AND TO TRY A DIFFERENT ONE. WE MADE CONTACT WITH THAT CTLR AND HE CLRED US INTO THE AIRSPACE WITH A BEACON CODE. WE COMPLETED OUR CIRCLE TO AN ON COURSE HDG OF 95 DEGS, AND THEN THE CTLR TOLD US WE NEEDED TO CALL HIM WHEN WE GOT ON THE GND. HE SAID WE PENETRATED THE ADIZ WITH OUT A BEACON CODE. WHEN WE CALLED THE CTLR HE FIRST TOLD US WE PENETRATED BY 8 MILES. HE GAVE US A RADIAL OF 281 DEGS AND 46 MILES FROM KENNEDY VOR ON A HDG OF 130 DEG. THIS WOULD BE ONE MILE INTO THE ADIZ HDG OUT OF IT. WE TOLD HIM WE WERE CIRCLING FOR 15 MINS W OF THE 30 MILE MODE C VEIL. HE TOLD US THE MODE C VEIL WAS NOT TO BE USED. HE SAID, 'WE NEEDED TO STAY 30 MILES FROM EWR.' HUMAN PERFORMANCE CONSIDERATION: WE TURNED INBOUND AS SOON AS WE MADE CONTACT, AND WHEN WE DID NOT RECEIVE A CLRNC WE STARTED CIRCLING AGAIN. THIS HAPPENED TWICE, AND WHEN WE FINALLY RECEIVED A BEACON CODE WE WERE RIGHT ON TOP OF THE NY ADIZ. WE SHOULD HAVE MADE CONTACT WITH A LESS CONGESTED APCH CTL SUCH AS ABE. A HAND-OFF TO NY IS MUCH EASIER THAN OPENING A FLT PLAN, EVEN IF IT IS JUST AN ADIZ FLT PLAN. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE WAS NOT THE PIC. THE OWNER/PLT WAS FLYING THE ACFT AND HAD FILED AS PIC FOR THE FLTS. THE RPTR WAS FULFILLING A MAINT ROLE COMPLETING A POST MAINT TEST FLT. INTERESTINGLY, THE RPTR HAS RECEIVED A LETTER OF INVESTIGATION FROM THE FAA THREATENING PENALTIES FOR THE VIOLATION, NOTWITHSTANDING HIS NON PLTING ROLE. FURTHER, TO THE BEST OF RPTRS KNOWLEDGE, THE OWNER/PLT/PIC HAS NOT RECEIVED A LETTER OF INVESTIGATION. ACCORDING TO THE RPTR, THE FAA CONTACTED HIM BY PHONE AND ADVISED THAT FILING NASA/ASRS RPTS WAS FINE BUT THAT THE IMMUNITY PROVISIONS OF DOING SO WOULD NOT APPLY IN INCIDENTS INVOLVING THE ADIZ.

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.