TCA penetration by small aircraft and possible less than standard separation with medium large trans...

Attributes
ACN	98610
Time
Date	198811
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : oak
State Reference	CA
Altitude	msl bound lower : 5500 msl bound upper : 5500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak
Operator	general aviation : personal
Make Model Name	Small Aircraft, High Wing, 1 Eng, Fixed Gear
Flight Phase	cruise other
Flight Plan	VFR
Aircraft 2
Operator	general aviation : corporate
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument
Experience	flight time last 90 days : 30 flight time total : 2200 flight time type : 1000
ASRS Report	98610
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	non adherence : far other anomaly other
Independent Detector	other controllera
Resolutory Action	none taken : detected after the fact none taken : anomaly accepted
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 3000 vertical : 1000
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

VFR on top with overcast tops at 4500' on LORAN track toward sunol intersection. Track approximately 115 degrees. Observed medium large transport climbing then turn away. Never was in conflict. Let down VFR over calaveras reservoir and landed hwd. Did not realize TCA penetration until after being informed by TRACON supervisor. During this flight I assisted 2 pilots in finding VFR conditions to let down from on top. This was the reason I became preoccupied and inadvertently penetrated TCA. I was on 122.75 air/air communications at all time and WX was excellent on top with visibility about 100 mi. Saw only 1 aircraft and that was the medium large transport. Seems like ATC could try 122.75 if aircraft is in conflict with aircraft under control while VFR on top. It would have averted this situation. Callback conversation with reporter revealed the following: reporter states no real conflict. He had the medium large transport in sight as soon as he broke through cloud layer to on top. However, medium large transport reported an near midair collision to TRACON. That is why reporter was tracked and asked to call TRACON when on ground. Charged with TCA violation. Reporter is IFR rated and intended to shoot approach at hwd. Does agree that he penetrated TCA. Not very receptive to counseling. Had a 'but' for every statement made by analyst. Finally agreed he probably did not use the best technique available.

Original NASA ASRS Text

Title: TCA PENETRATION BY SMA AND POSSIBLE LESS THAN STANDARD SEPARATION WITH MLG.

Narrative: VFR ON TOP WITH OVCST TOPS AT 4500' ON LORAN TRACK TOWARD SUNOL INTXN. TRACK APPROX 115 DEGS. OBSERVED MLG CLBING THEN TURN AWAY. NEVER WAS IN CONFLICT. LET DOWN VFR OVER CALAVERAS RESERVOIR AND LANDED HWD. DID NOT REALIZE TCA PENETRATION UNTIL AFTER BEING INFORMED BY TRACON SUPVR. DURING THIS FLT I ASSISTED 2 PLTS IN FINDING VFR CONDITIONS TO LET DOWN FROM ON TOP. THIS WAS THE REASON I BECAME PREOCCUPIED AND INADVERTENTLY PENETRATED TCA. I WAS ON 122.75 AIR/AIR COMS AT ALL TIME AND WX WAS EXCELLENT ON TOP WITH VIS ABOUT 100 MI. SAW ONLY 1 ACFT AND THAT WAS THE MLG. SEEMS LIKE ATC COULD TRY 122.75 IF ACFT IS IN CONFLICT WITH ACFT UNDER CTL WHILE VFR ON TOP. IT WOULD HAVE AVERTED THIS SITUATION. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: RPTR STATES NO REAL CONFLICT. HE HAD THE MLG IN SIGHT AS SOON AS HE BROKE THROUGH CLOUD LAYER TO ON TOP. HOWEVER, MLG RPTED AN NMAC TO TRACON. THAT IS WHY RPTR WAS TRACKED AND ASKED TO CALL TRACON WHEN ON GND. CHARGED WITH TCA VIOLATION. RPTR IS IFR RATED AND INTENDED TO SHOOT APCH AT HWD. DOES AGREE THAT HE PENETRATED TCA. NOT VERY RECEPTIVE TO COUNSELING. HAD A 'BUT' FOR EVERY STATEMENT MADE BY ANALYST. FINALLY AGREED HE PROBABLY DID NOT USE THE BEST TECHNIQUE AVAILABLE.

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.

TCA penetration by small aircraft and possible less than standard separation with medium large transport.