Small aircraft enters TCA while pilot denies there was any violation.

Attributes
ACN	138637
Time
Date	199003
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : bkl
State Reference	OH
Altitude	msl bound lower : 2000 msl bound upper : 7500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : cle
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument
Experience	flight time last 90 days : 4 flight time total : 4500 flight time type : 1900
ASRS Report	138637
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 : anomaly accepted
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

On friday morning, march xx, 1990 at XA45 am, I departed michiana regional airport for a VFR flight to cleveland burke lakefront airport. Just west of sandusky, oh, ZOB terminated their surveillance and told me to squawk XXXX and resume my own navigation. I then called cleveland approach. I was then approximately 2-3 mi north of sandusky over lake erie. Cleveland approach told me to stand by. I received no response back so I called them 2 more times with no response. I knew I was close to the TCA. The LORAN indicated close, but not inside. I decided if no one was answering me I best descend and go under the TCA. I descended to 2000' MSL and contacted burke lakefront tower and gave them my position. Burke asked if a was in contact with approach. I said negative. They said I should contact cleveland approach. I called approach and they answered promptly and gave me a transponder code. Approach then said I was out of the TCA and to contact burke tower. I landed at burke and the tower told me that approach wanted to talk with me. I called the number and talked with approach supervisor. He asked me my name and home base which I told him. He then informed me that I made a serious violation by entering the TCA without radio contact. I told him that I attempted 3 times to contact approach and received absolutely no response. He then suggested that I have my radios checked. I told him that the radios were fine and that I was familiar with the TCA. I informed him that when I was 7500 north of sandusky and after calling approach 3 times without a response, I descended to 2000 to stay under the TCA. He then said they followed me from sandusky. I said if they could follow me then why couldn't they answer when I called them. After some small talk the supervisor then said, well, there was no traffic in the area other than me so he would not violate me. However, I feel that I was correct and did not enter the TCA. I am filing this report in accordance with the NASA for the record.

Original NASA ASRS Text

Title: SMA ENTERS TCA WHILE PLT DENIES THERE WAS ANY VIOLATION.

Narrative: ON FRIDAY MORNING, MARCH XX, 1990 AT XA45 AM, I DEPARTED MICHIANA REGIONAL ARPT FOR A VFR FLT TO CLEVELAND BURKE LAKEFRONT ARPT. JUST W OF SANDUSKY, OH, ZOB TERMINATED THEIR SURVEILLANCE AND TOLD ME TO SQUAWK XXXX AND RESUME MY OWN NAVIGATION. I THEN CALLED CLEVELAND APCH. I WAS THEN APPROX 2-3 MI N OF SANDUSKY OVER LAKE ERIE. CLEVELAND APCH TOLD ME TO STAND BY. I RECEIVED NO RESPONSE BACK SO I CALLED THEM 2 MORE TIMES WITH NO RESPONSE. I KNEW I WAS CLOSE TO THE TCA. THE LORAN INDICATED CLOSE, BUT NOT INSIDE. I DECIDED IF NO ONE WAS ANSWERING ME I BEST DSND AND GO UNDER THE TCA. I DESCENDED TO 2000' MSL AND CONTACTED BURKE LAKEFRONT TWR AND GAVE THEM MY POSITION. BURKE ASKED IF A WAS IN CONTACT WITH APCH. I SAID NEGATIVE. THEY SAID I SHOULD CONTACT CLEVELAND APCH. I CALLED APCH AND THEY ANSWERED PROMPTLY AND GAVE ME A XPONDER CODE. APCH THEN SAID I WAS OUT OF THE TCA AND TO CONTACT BURKE TWR. I LANDED AT BURKE AND THE TWR TOLD ME THAT APCH WANTED TO TALK WITH ME. I CALLED THE NUMBER AND TALKED WITH APCH SUPVR. HE ASKED ME MY NAME AND HOME BASE WHICH I TOLD HIM. HE THEN INFORMED ME THAT I MADE A SERIOUS VIOLATION BY ENTERING THE TCA WITHOUT RADIO CONTACT. I TOLD HIM THAT I ATTEMPTED 3 TIMES TO CONTACT APCH AND RECEIVED ABSOLUTELY NO RESPONSE. HE THEN SUGGESTED THAT I HAVE MY RADIOS CHECKED. I TOLD HIM THAT THE RADIOS WERE FINE AND THAT I WAS FAMILIAR WITH THE TCA. I INFORMED HIM THAT WHEN I WAS 7500 N OF SANDUSKY AND AFTER CALLING APCH 3 TIMES WITHOUT A RESPONSE, I DESCENDED TO 2000 TO STAY UNDER THE TCA. HE THEN SAID THEY FOLLOWED ME FROM SANDUSKY. I SAID IF THEY COULD FOLLOW ME THEN WHY COULDN'T THEY ANSWER WHEN I CALLED THEM. AFTER SOME SMALL TALK THE SUPVR THEN SAID, WELL, THERE WAS NO TFC IN THE AREA OTHER THAN ME SO HE WOULD NOT VIOLATE ME. HOWEVER, I FEEL THAT I WAS CORRECT AND DID NOT ENTER THE TCA. I AM FILING THIS REPORT IN ACCORDANCE WITH THE NASA FOR THE RECORD.

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