Narrative:

I was flying with one of my students on a dual cross country. We had already flown the first leg of the flight using VFR traffic advisories from TRACON; landed; and taxied back to go back to our home airport. When we departed; we took a straight out departure to the coast line and made a right turn to the west and began a climb. During our initial climb from the airport; I made contact with TRACON to establish radar contact and flight advisories for our flight. Using VFR advisories is a habit that I make all of my students get into for the sake of safety. On first contact; I was asked to standby. My belief is that when you are asked to standby that you are to be patient and you will be re-contacted and asked your request when the controller has finished the task at hand. This did not happen; so I politely asked the controller again for a request where upon I was again asked to standby. Meanwhile; 2 other aircraft departing from the same airport I departed from contacted TRACON and requested the same VFR advisories that I had requested 5 minutes earlier and both aircraft were accommodated immediately. After hearing this I was a bit upset and perplexed and was about to contact TRACON to question this when suddenly; I saw a flash of yellow color slightly below me on the right side of the aircraft we were in. [We then] heard the computer voice traffic warning on my G1000 traffic information system saying; 'traffic; traffic; traffic' over and over and showed a yellow dot directly below my aircraft that depicted that it was 100 ft below me. I never fully saw the other aircraft; as this all happened so fast that I only caught the color of it flashing below me. I then made contact with TRACON again; this time in a fury and angry that my student was subjected to this arrogant controller's indiscretion in the realm of safety and the VFR advisories that we had sought. I yelled at the controller and even slipped and used a foul word or two that offended him so bad that I was given the traditional telephone number and told to call them when I got on the ground for a possible pilot deviation. Before I could even get home and pick up the phone; TRACON had contacted my flight school; gotten my home phone number; and called me directly to tell me that they were going to file a report with FSDO in regard to this incident. I apologized to the supervisor for yelling at the controller and explained the near miss situation we were left in and also queried her as to why he was ignoring my request for advisories while honoring all other requests that came after mine. The supervisor then explained that he was a trainee and that I had upset him so they were going to file a report. I tried to reason; but due to my colorful language; the supervisor seems content in pursuing this for a possible pilot deviation. When I was told this; I immediately contacted an aviation attorney and explained my situation to him and was told that my best bet was to file this safety report and let it go. He also explained that I did not violate any far by yelling at the controller; but that there is a very slim chance that if they really want to make this difficult on me that they can charge me with unsafe operation of an aircraft and that the FAA has been grasping at straws with this section of the law lately. It is being used for anything and everything to punish pilots for 'perceived' violations that are borderline not. In my opinion as a high time pilot and instructor; it is now obvious that the trainee controller could not handle even a very light weekday workload; as evidenced by his inability to handle my request; but his seeming ability to handle all else in his sector. The supervisor I spoke with kept trying to excuse his behavior and actions as being due to his inexperience and that I was the one who violated something. What I violated I do not know; nor would the supervisor say; but I expect that the FSDO I am being reporting to is going to contact me within daysof me filing this report and if I am charged with a violation; I am most certain that it will be something out of far 91:13. Please accept my report of this incident as my opinion that trainee controllers are unable at times to do their job as described and prescribed.

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Original NASA ASRS Text

Title: An Instructor and student departed a busy airport and were unable to get traffic following from TRACON. After a near miss; the Instructor's verbal tirade at ATC caused the agency to contact FSDO for charges.

Narrative: I was flying with one of my students on a dual cross country. We had already flown the first leg of the flight using VFR traffic advisories from TRACON; landed; and taxied back to go back to our home airport. When we departed; we took a straight out departure to the coast line and made a right turn to the west and began a climb. During our initial climb from the airport; I made contact with TRACON to establish radar contact and flight advisories for our flight. Using VFR advisories is a habit that I make all of my students get into for the sake of safety. On first contact; I was asked to standby. My belief is that when you are asked to standby that you are to be patient and you will be re-contacted and asked your request when the Controller has finished the task at hand. This did not happen; so I politely asked the Controller again for a request where upon I was again asked to standby. Meanwhile; 2 other aircraft departing from the same airport I departed from contacted TRACON and requested the same VFR advisories that I had requested 5 minutes earlier and both aircraft were accommodated immediately. After hearing this I was a bit upset and perplexed and was about to contact TRACON to question this when suddenly; I saw a flash of yellow color slightly below me on the right side of the aircraft we were in. [We then] heard the computer voice traffic warning on my G1000 Traffic Information System saying; 'Traffic; traffic; traffic' over and over and showed a yellow dot directly below my aircraft that depicted that it was 100 FT below me. I never fully saw the other aircraft; as this all happened so fast that I only caught the color of it flashing below me. I then made contact with TRACON again; this time in a fury and angry that my student was subjected to this arrogant Controller's indiscretion in the realm of safety and the VFR advisories that we had sought. I yelled at the Controller and even slipped and used a foul word or two that offended him so bad that I was given the traditional telephone number and told to call them when I got on the ground for a possible pilot deviation. Before I could even get home and pick up the phone; TRACON had contacted my flight school; gotten my home phone number; and called me directly to tell me that they were going to file a report with FSDO in regard to this incident. I apologized to the Supervisor for yelling at the Controller and explained the near miss situation we were left in and also queried her as to why he was ignoring my request for advisories while honoring all other requests that came after mine. The Supervisor then explained that he was a trainee and that I had upset him so they were going to file a report. I tried to reason; but due to my colorful language; the Supervisor seems content in pursuing this for a possible pilot deviation. When I was told this; I immediately contacted an Aviation Attorney and explained my situation to him and was told that my best bet was to file this safety report and let it go. He also explained that I did not violate any FAR by yelling at the Controller; but that there is a very slim chance that if they really want to make this difficult on me that they can charge me with unsafe operation of an aircraft and that the FAA has been grasping at straws with this section of the law lately. It is being used for anything and everything to punish pilots for 'perceived' violations that are borderline not. In my opinion as a high time pilot and instructor; it is now obvious that the trainee Controller could not handle even a very light weekday workload; as evidenced by his inability to handle my request; but his seeming ability to handle all else in his sector. The Supervisor I spoke with kept trying to excuse his behavior and actions as being due to his inexperience and that I was the one who violated something. What I violated I do not know; nor would the Supervisor say; but I expect that the FSDO I am being reporting to is going to contact me within daysof me filing this report and if I am charged with a violation; I am most certain that it will be something out of FAR 91:13. Please accept my report of this incident as my opinion that trainee controllers are unable at times to do their job as described and prescribed.

Data retrieved from NASA's ASRS site as of April 2012 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.