EA50 on delivery flight without rvsm certification ascends to FL350 with ATC permission.

Attributes
ACN	740935
Time
Date	200705
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : abq.airport
State Reference	NM
Altitude	msl single value : 35000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zab.artcc tower : iah.tower
Operator	general aviation : corporate
Make Model Name	Small Transport Low Wing 2 Turbojet Eng
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : instrument pilot : multi engine pilot : cfi
Experience	flight time last 90 days : 90 flight time total : 10000 flight time type : 100
ASRS Report	740935
Person 2
Affiliation	government : faa
Function	controller : radar
Events
Anomaly	non adherence : far
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Supplementary
Problem Areas	Flight Crew Human Performance Aircraft ATC Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Filed IFR from abq. Flight plan requested FL270; filed as type EA50/a since the customer has not yet applied for rvsm LOA. After leveloff at FL270; explained to center that we were non-conforming awaiting paperwork -- the aircraft and the crew are rvsm capable and trained. Requested FL350. Controller checked with supervisor. I believe I was asked if we were needing to gather data or if it was demonstration flight. I answered in the affirmative since we were demonstrating rvsm to new customer on delivery of his aircraft to its home base. We were cleared to FL350 for remainder of flight. Possibly the flight into rvsm is in violation of far's even though approved by center controller.

Original NASA ASRS Text

Title: EA50 ON DELIVERY FLT WITHOUT RVSM CERTIFICATION ASCENDS TO FL350 WITH ATC PERMISSION.

Narrative: FILED IFR FROM ABQ. FLT PLAN REQUESTED FL270; FILED AS TYPE EA50/A SINCE THE CUSTOMER HAS NOT YET APPLIED FOR RVSM LOA. AFTER LEVELOFF AT FL270; EXPLAINED TO CTR THAT WE WERE NON-CONFORMING AWAITING PAPERWORK -- THE ACFT AND THE CREW ARE RVSM CAPABLE AND TRAINED. REQUESTED FL350. CTLR CHKED WITH SUPVR. I BELIEVE I WAS ASKED IF WE WERE NEEDING TO GATHER DATA OR IF IT WAS DEMONSTRATION FLT. I ANSWERED IN THE AFFIRMATIVE SINCE WE WERE DEMONSTRATING RVSM TO NEW CUSTOMER ON DELIVERY OF HIS ACFT TO ITS HOME BASE. WE WERE CLRED TO FL350 FOR REMAINDER OF FLT. POSSIBLY THE FLT INTO RVSM IS IN VIOLATION OF FAR'S EVEN THOUGH APPROVED BY CTR CTLR.

Data retrieved from NASA's ASRS site as of January 2009 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.