Corp jet penetrates active restricted area. Operational deviation.

Attributes
ACN	96196
Time
Date	198810
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : tcs
State Reference	NM
Altitude	msl bound lower : 30000 msl bound upper : 30000
Environment
Flight Conditions	VMC
Light	Dawn
Aircraft 1
Controlling Facilities	artcc : zab
Operator	general aviation : corporate
Make Model Name	Light Transport, Low Wing, 2 Turbojet Eng
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : commercial pilot : instrument
Experience	flight time last 90 days : 150 flight time total : 5500
ASRS Report	96196
Person 2
Affiliation	government : faa
Qualification	controller : radar
Events
Anomaly	non adherence : published procedure other anomaly other
Independent Detector	other controllera
Resolutory Action	none taken : unable none taken : detected after the fact
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation

Narrative:

I was flying as captain on corp jet from den to elp. We received a clearance to fly J13 from den to tcs then direct elp. Approximately 60 mi northwest of elp the center told us we had just entered an active restr area and that we should make an immediate right turn of 15 degrees. We asked the controller why he had not informed us of the active restr area or vectored us around it. His reply was it was our job to not file a flight with a routing through any restr area. I had never heard this before and do not believe it to be correct. My understanding is that if a restr area is not active there is no prohibition against using that airspace. The hi altitude en route charts indicate which ATC center or other federal agency has knowledge of a restr area's status. In the past I have never had to ask whether or not a restr area on my route of flight was active, but rather center has always informed me and given vectors or an alternate routing around an active area in their control area. ATC has information re: a restr area's status, pilots do not. Good judgement would seem to require that the controller give such pertinent information to an airplane in his sector whose flight plan or routing indicates he will travel through an active restr area.

Original NASA ASRS Text

Title: CORP JET PENETRATES ACTIVE RESTRICTED AREA. OPERATIONAL DEVIATION.

Narrative: I WAS FLYING AS CAPT ON CORP JET FROM DEN TO ELP. WE RECEIVED A CLRNC TO FLY J13 FROM DEN TO TCS THEN DIRECT ELP. APPROX 60 MI NW OF ELP THE CENTER TOLD US WE HAD JUST ENTERED AN ACTIVE RESTR AREA AND THAT WE SHOULD MAKE AN IMMEDIATE RIGHT TURN OF 15 DEGS. WE ASKED THE CTLR WHY HE HAD NOT INFORMED US OF THE ACTIVE RESTR AREA OR VECTORED US AROUND IT. HIS REPLY WAS IT WAS OUR JOB TO NOT FILE A FLT WITH A ROUTING THROUGH ANY RESTR AREA. I HAD NEVER HEARD THIS BEFORE AND DO NOT BELIEVE IT TO BE CORRECT. MY UNDERSTANDING IS THAT IF A RESTR AREA IS NOT ACTIVE THERE IS NO PROHIBITION AGAINST USING THAT AIRSPACE. THE HI ALT ENRTE CHARTS INDICATE WHICH ATC CENTER OR OTHER FEDERAL AGENCY HAS KNOWLEDGE OF A RESTR AREA'S STATUS. IN THE PAST I HAVE NEVER HAD TO ASK WHETHER OR NOT A RESTR AREA ON MY ROUTE OF FLT WAS ACTIVE, BUT RATHER CENTER HAS ALWAYS INFORMED ME AND GIVEN VECTORS OR AN ALTERNATE ROUTING AROUND AN ACTIVE AREA IN THEIR CTL AREA. ATC HAS INFO RE: A RESTR AREA'S STATUS, PLTS DO NOT. GOOD JUDGEMENT WOULD SEEM TO REQUIRE THAT THE CTLR GIVE SUCH PERTINENT INFO TO AN AIRPLANE IN HIS SECTOR WHOSE FLT PLAN OR ROUTING INDICATES HE WILL TRAVEL THROUGH AN ACTIVE RESTR AREA.

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