VFR small aircraft with N90 entered class B because of WX below and traffic gaining from behind. Rep...

Attributes
ACN	792964
Time
Date	200806
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : lga.airport
State Reference	NY
Altitude	msl single value : 3000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : personal
Make Model Name	Cessna 350
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	None
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	MD-80 Series (DC-9-80) Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	descent : approach
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : multi engine pilot : instrument pilot : commercial pilot : cfi
Experience	flight time last 90 days : 250 flight time total : 1200 flight time type : 70
ASRS Report	792964
Events
Anomaly	airspace violation : entry conflict : airborne less severe non adherence : far non adherence : published procedure
Independent Detector	aircraft equipment : tcas other flight crewa
Resolutory Action	flight crew : took evasive action
Miss Distance	horizontal : 2000 vertical : 300
Supplementary
Problem Areas	Flight Crew Human Performance Weather ATC Human Performance Airspace Structure
Primary Problem	Ambiguous

Narrative:

I departed in VMC en route to 47N (central new jersey regional) to pick up the owner or the plane. As soon as I was in the air; I contacted new york approach to get flight following to 47N. I was talking on 124.07 and received a squawk code and was being given advisories. I was then switched to another new york approach frequency. I was over long island flying at 2900 ft MSL. Just north of isp's airspace approaching the new york class B; the controller advised that I had traffic that would be crossing left to right in front of me -- a heavy jet descending into jfk. I had the traffic in sight. Then I was given another TA and it was an MD80 that was behind me and to my left descending out of 4000 ft for 3000 ft. I had the traffic on my TCAS as well as in sight. At this point; I was underneath the outer ring floor of the class B airspace. Then I was advised by the controller that I should not stay at 3000 ft as I had faster traffic behind me and at my altitude; but he did not clear me into the class B airspace nor tell me to descend to a lower altitude. I could not also descend because there was a layer of clouds that I judged to be about 1000 ft below me. Then on my TCAS I received a traffic alert saying that I had traffic that was 0.5 mi behind me at 6 O'clock position at my altitude. This was the MD80 which everyone knew was faster than I was. I could not descend because I had clouds below me and I did not know what was below me. I could not break right at my altitude because I had the heavy crossing left to right at my altitude. My only option was to break left and climb. This put me into the class B airspace without being cleared in; but I had to move or else the MD80 was on a head-on collision right into my rear. I felt that if I did not move; there would have been a large potential for a midair collision. Upon talking to the controller; I climbed and continued on my way to 47N climbing above the class B up to 8500 ft MSL. I feel this could have been avoided if I was vectored away from the new york jfk's arrival route.

Original NASA ASRS Text

Title: VFR SMA WITH N90 ENTERED CLASS B BECAUSE OF WX BELOW AND TFC GAINING FROM BEHIND. RPTR BELIEVES ATC SHOULD HAVE PROVIDED AVOIDANCE VECTORS.

Narrative: I DEPARTED IN VMC ENRTE TO 47N (CENTRAL NEW JERSEY REGIONAL) TO PICK UP THE OWNER OR THE PLANE. AS SOON AS I WAS IN THE AIR; I CONTACTED NEW YORK APCH TO GET FLT FOLLOWING TO 47N. I WAS TALKING ON 124.07 AND RECEIVED A SQUAWK CODE AND WAS BEING GIVEN ADVISORIES. I WAS THEN SWITCHED TO ANOTHER NEW YORK APCH FREQ. I WAS OVER LONG ISLAND FLYING AT 2900 FT MSL. JUST N OF ISP'S AIRSPACE APCHING THE NEW YORK CLASS B; THE CTLR ADVISED THAT I HAD TFC THAT WOULD BE XING L TO R IN FRONT OF ME -- A HVY JET DSNDING INTO JFK. I HAD THE TFC IN SIGHT. THEN I WAS GIVEN ANOTHER TA AND IT WAS AN MD80 THAT WAS BEHIND ME AND TO MY L DSNDING OUT OF 4000 FT FOR 3000 FT. I HAD THE TFC ON MY TCAS AS WELL AS IN SIGHT. AT THIS POINT; I WAS UNDERNEATH THE OUTER RING FLOOR OF THE CLASS B AIRSPACE. THEN I WAS ADVISED BY THE CTLR THAT I SHOULD NOT STAY AT 3000 FT AS I HAD FASTER TFC BEHIND ME AND AT MY ALT; BUT HE DID NOT CLR ME INTO THE CLASS B AIRSPACE NOR TELL ME TO DSND TO A LOWER ALT. I COULD NOT ALSO DSND BECAUSE THERE WAS A LAYER OF CLOUDS THAT I JUDGED TO BE ABOUT 1000 FT BELOW ME. THEN ON MY TCAS I RECEIVED A TFC ALERT SAYING THAT I HAD TFC THAT WAS 0.5 MI BEHIND ME AT 6 O'CLOCK POS AT MY ALT. THIS WAS THE MD80 WHICH EVERYONE KNEW WAS FASTER THAN I WAS. I COULD NOT DSND BECAUSE I HAD CLOUDS BELOW ME AND I DID NOT KNOW WHAT WAS BELOW ME. I COULD NOT BREAK R AT MY ALT BECAUSE I HAD THE HVY XING L TO R AT MY ALT. MY ONLY OPTION WAS TO BREAK L AND CLB. THIS PUT ME INTO THE CLASS B AIRSPACE WITHOUT BEING CLRED IN; BUT I HAD TO MOVE OR ELSE THE MD80 WAS ON A HEAD-ON COLLISION RIGHT INTO MY REAR. I FELT THAT IF I DID NOT MOVE; THERE WOULD HAVE BEEN A LARGE POTENTIAL FOR A MIDAIR COLLISION. UPON TALKING TO THE CTLR; I CLBED AND CONTINUED ON MY WAY TO 47N CLBING ABOVE THE CLASS B UP TO 8500 FT MSL. I FEEL THIS COULD HAVE BEEN AVOIDED IF I WAS VECTORED AWAY FROM THE NEW YORK JFK'S ARR RTE.

Data retrieved from NASA's ASRS site as of May 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.

VFR small aircraft with N90 entered class B because of WX below and traffic gaining from behind. Reporter believes ATC should have provided avoidance vectors.