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|
Attributes | |
ACN | 799447 |
Time | |
Date | 200808 |
Local Time Of Day | 1801 To 2400 |
Place | |
Locale Reference | airport : jfk.airport |
State Reference | NY |
Altitude | msl single value : 4000 |
Environment | |
Flight Conditions | VMC |
Light | Daylight |
Aircraft 1 | |
Controlling Facilities | tracon : n90.tracon |
Operator | general aviation : personal |
Make Model Name | PA-28 Cherokee/Archer II/Dakota/Pillan/Warrior |
Operating Under FAR Part | Part 91 |
Flight Phase | cruise : level |
Flight Plan | None |
Person 1 | |
Affiliation | other |
Function | flight crew : single pilot |
Qualification | pilot : instrument pilot : commercial pilot : cfi pilot : atp pilot : multi engine |
Experience | flight time last 90 days : 100 flight time total : 18500 flight time type : 300 |
ASRS Report | 799447 |
Events | |
Anomaly | other anomaly other |
Independent Detector | other flight crewa |
Resolutory Action | none taken : anomaly accepted |
Consequence | faa : reviewed incident with flight crew |
Supplementary | |
Problem Areas | ATC Human Performance Airspace Structure Weather |
Primary Problem | ATC Human Performance |
Narrative:
After departing farmingdale; ny (frg) around XA55; I reported my position as just northeast of the jones beach monument to the class B controller and asked for a class B clearance from my present position direct to jfk VOR; direct to col VOR; and told the controller he could pick the altitude. He responded that he would speak to the departure controller and to remain below the class B airspace. I acknowledged his instructions. He then came back and asked me to turn to a heading of 270 degrees; cleared me into the class B airspace; and asked me to climb to what I understood to be 4000 ft. I read back the clearance as 4000 ft and began to climb. During the climb; I was handed off to the departure controller. As I approached 4000 ft; as it was an inappropriate altitude for a wbound VFR flight; I transmitted my call sign to verify the cleared altitude; and got no response (he was a little busy at that time). I leveled off at 4000 ft and when a break came I transmitted my call sign again and asked him to verify my assigned altitude. The controller then came back to me; and asked me to turn right to a heading of 040 degrees and to climb to 5500 ft. Unfortunately; there was a cloud deck right above me and the bases appeared to be around 5500 ft. At this time the aircraft was close to or directly over jfk VOR. The WX was good; but reported as scattered clouds at 6000 ft (3/8 - 4/8 coverage). I reported that I would be unable to maintain VFR if I had to climb to 5500 ft on that heading. The controller then came back and in what I consider to be a very aggressive; punitive manner told me to turn 180 degrees to a heading of 090 degrees; and to immediately descend below the floor of the class B airspace. In order to avoid further problems; I questioned the controller to verify that he was aware of what he was asking me to do; which was essentially to land at jfk; as that was the only way to 'descend below the bravo' in that position. The aggressive; hostile handling continued. I was told that I would be vectored eastbound in the opposite direction for my route of flight; and dropped below the floor of the class B airspace. Then I would be asked to travel wbound along the beach. The floor of the class B airspace in that area was 500 ft MSL. This route would put my light aircraft under the jfk runway 22L/right; and runway 31L departures putting me at risk of a wake turbulence; and I would then be in a position where I would have to travel across the new york bight at low altitude in a single engine aircraft. At approximately XA25 I was below the floor of the class B airspace. That controller was relieved by another; and I was handed off to jfk tower. As I was no longer in their airspace; I elected to decline handling. Radar service was terminated. After parking the aircraft; I went inside and called the number I was given. He informed me that they had to stop all of the jfk departures at that time because of our problem. I found that very hard to believe; as the frequency was pretty quiet in the following mins. My biggest problem with this incident is how it might be handled by a less experienced pilot; and the punitive; retaliatory nature of the controller in question. As a cfii with 29 yrs of instruction; I can tell you that a low time pilot might have returned to the origin airport; or put the aircraft in a less than safe or legal operating environment in an effort to complete the mission.
Original NASA ASRS Text
Title: PA28 TRANSITIONING NEW YORK CLASS B; WITH N90; VOICED CONCERN REGARDING ATC HANDLING; CLAIMING AGGRESSIVE/PUNITIVE ACTIONS FROM ATC.
Narrative: AFTER DEPARTING FARMINGDALE; NY (FRG) AROUND XA55; I RPTED MY POS AS JUST NE OF THE JONES BEACH MONUMENT TO THE CLASS B CTLR AND ASKED FOR A CLASS B CLRNC FROM MY PRESENT POS DIRECT TO JFK VOR; DIRECT TO COL VOR; AND TOLD THE CTLR HE COULD PICK THE ALT. HE RESPONDED THAT HE WOULD SPEAK TO THE DEP CTLR AND TO REMAIN BELOW THE CLASS B AIRSPACE. I ACKNOWLEDGED HIS INSTRUCTIONS. HE THEN CAME BACK AND ASKED ME TO TURN TO A HDG OF 270 DEGS; CLRED ME INTO THE CLASS B AIRSPACE; AND ASKED ME TO CLB TO WHAT I UNDERSTOOD TO BE 4000 FT. I READ BACK THE CLRNC AS 4000 FT AND BEGAN TO CLB. DURING THE CLB; I WAS HANDED OFF TO THE DEP CTLR. AS I APCHED 4000 FT; AS IT WAS AN INAPPROPRIATE ALT FOR A WBOUND VFR FLT; I XMITTED MY CALL SIGN TO VERIFY THE CLRED ALT; AND GOT NO RESPONSE (HE WAS A LITTLE BUSY AT THAT TIME). I LEVELED OFF AT 4000 FT AND WHEN A BREAK CAME I XMITTED MY CALL SIGN AGAIN AND ASKED HIM TO VERIFY MY ASSIGNED ALT. THE CTLR THEN CAME BACK TO ME; AND ASKED ME TO TURN R TO A HDG OF 040 DEGS AND TO CLB TO 5500 FT. UNFORTUNATELY; THERE WAS A CLOUD DECK RIGHT ABOVE ME AND THE BASES APPEARED TO BE AROUND 5500 FT. AT THIS TIME THE ACFT WAS CLOSE TO OR DIRECTLY OVER JFK VOR. THE WX WAS GOOD; BUT RPTED AS SCATTERED CLOUDS AT 6000 FT (3/8 - 4/8 COVERAGE). I RPTED THAT I WOULD BE UNABLE TO MAINTAIN VFR IF I HAD TO CLB TO 5500 FT ON THAT HDG. THE CTLR THEN CAME BACK AND IN WHAT I CONSIDER TO BE A VERY AGGRESSIVE; PUNITIVE MANNER TOLD ME TO TURN 180 DEGS TO A HDG OF 090 DEGS; AND TO IMMEDIATELY DSND BELOW THE FLOOR OF THE CLASS B AIRSPACE. IN ORDER TO AVOID FURTHER PROBS; I QUESTIONED THE CTLR TO VERIFY THAT HE WAS AWARE OF WHAT HE WAS ASKING ME TO DO; WHICH WAS ESSENTIALLY TO LAND AT JFK; AS THAT WAS THE ONLY WAY TO 'DSND BELOW THE BRAVO' IN THAT POS. THE AGGRESSIVE; HOSTILE HANDLING CONTINUED. I WAS TOLD THAT I WOULD BE VECTORED EBOUND IN THE OPPOSITE DIRECTION FOR MY RTE OF FLT; AND DROPPED BELOW THE FLOOR OF THE CLASS B AIRSPACE. THEN I WOULD BE ASKED TO TRAVEL WBOUND ALONG THE BEACH. THE FLOOR OF THE CLASS B AIRSPACE IN THAT AREA WAS 500 FT MSL. THIS RTE WOULD PUT MY LIGHT ACFT UNDER THE JFK RWY 22L/R; AND RWY 31L DEPS PUTTING ME AT RISK OF A WAKE TURB; AND I WOULD THEN BE IN A POS WHERE I WOULD HAVE TO TRAVEL ACROSS THE NEW YORK BIGHT AT LOW ALT IN A SINGLE ENG ACFT. AT APPROX XA25 I WAS BELOW THE FLOOR OF THE CLASS B AIRSPACE. THAT CTLR WAS RELIEVED BY ANOTHER; AND I WAS HANDED OFF TO JFK TWR. AS I WAS NO LONGER IN THEIR AIRSPACE; I ELECTED TO DECLINE HANDLING. RADAR SVC WAS TERMINATED. AFTER PARKING THE ACFT; I WENT INSIDE AND CALLED THE NUMBER I WAS GIVEN. HE INFORMED ME THAT THEY HAD TO STOP ALL OF THE JFK DEPS AT THAT TIME BECAUSE OF OUR PROB. I FOUND THAT VERY HARD TO BELIEVE; AS THE FREQ WAS PRETTY QUIET IN THE FOLLOWING MINS. MY BIGGEST PROB WITH THIS INCIDENT IS HOW IT MIGHT BE HANDLED BY A LESS EXPERIENCED PLT; AND THE PUNITIVE; RETALIATORY NATURE OF THE CTLR IN QUESTION. AS A CFII WITH 29 YRS OF INSTRUCTION; I CAN TELL YOU THAT A LOW TIME PLT MIGHT HAVE RETURNED TO THE ORIGIN ARPT; OR PUT THE ACFT IN A LESS THAN SAFE OR LEGAL OPERATING ENVIRONMENT IN AN EFFORT TO COMPLETE THE MISSION.
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.