Narrative:

We were flying a corp light transport jet on an IFR flight plan from hatfield (england) to keflavik (iceland). A commercial WX and flight planning service filed the ICAO flight plan, on which it was apparent that the aircraft was not mnps certified. Soon after our departure from hatfield, london control issued us an IFR clearance to keflavik at FL390. As we were approaching pole hill VOR, london instructed us to contact shanwick oceanic for oceanic clearance. Upon contacting shanwick we stated that we were not mnps certified, and that we therefore did not wish to fly the nat system or enter mnps airspace. The controller also asked whether we had filed a flight plan as an mnps aircraft, to which we again told him that we were not certified, and did not mark our flight plan as being mnps certified. The controller then ha us stand by on the frequency, and after a brief moment came back to tell us he had contacted reykjavik control and subsequently cleared us to keflavik at FL390. We then were under the understanding that even though we were going to be flying through mnpsa west/O being certified, we had been cleared by that sector's controller (shanwick), at his discretion, since he had the authority to do so. After that conversation, shanwick oceanic went us back to london control, and london never questioned our flight plan or the clearance that they, themselves, had issued prior to our contacting shanwick. After returning to the us, we were then contacted by our local FSDO because they had received a complaint from london control who was trying to determine for sure whether or not we were mnps certified. London requested that the FAA provide them with follow-up action in this matter. Please see attached sheet for our routing. At the time of this occurrence, the aircraft was equipped with 2 vors, 1 ADF and an operational vlfirst officermega. No navigation error or deviation ever took place. It appears to us that this incident could have been avoided had london or shanwick warned us of the discrepancy in our flight plan, since they were aware of the fact that we were not mnps. During our conversation with shannon we made it very clear to them that we did not wish to penetrate mnps airspace, but they cleared us anyway, which to us constituted a clearance. It is obvious to us that london was well aware of that fact, too, but decided not to advise us of a possible violation of mnps airspace. The distance between pole hill VOR and N61 W10 (point of mnps penetration) is approximately 504 NM, which in an light transport would have given us ample fuel range and time to return to hatfield or climb to FL430, had we been given that option and a notice that there was a discrepancy in our clearance as far as penetrating mnps airspace. In the us the lack of warning form the controllers would be considered entrapment since they were aware that we were not certified and still cleared us into a part of the airspace that they knew we were illegal to enter. Had we been given the option to climb and proper warning, we would have been able to remain clear of mnps airspace since that stops at FL400.

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Original NASA ASRS Text

Title: CORP JET THAT DOES NOT MEET MINIMUM NAVIGATION REQUIREMENTS (MNPS) FOR THE NAT TRACK SYSTEM (NORTH ATLANTIC ROUTING SYSTEM) ACCEPTS A NAT TRACK ROUTING.

Narrative: WE WERE FLYING A CORP LTT JET ON AN IFR FLT PLAN FROM HATFIELD (ENGLAND) TO KEFLAVIK (ICELAND). A COMMERCIAL WX AND FLT PLANNING SVC FILED THE ICAO FLT PLAN, ON WHICH IT WAS APPARENT THAT THE ACFT WAS NOT MNPS CERTIFIED. SOON AFTER OUR DEP FROM HATFIELD, LONDON CTL ISSUED US AN IFR CLRNC TO KEFLAVIK AT FL390. AS WE WERE APCHING POLE HILL VOR, LONDON INSTRUCTED US TO CONTACT SHANWICK OCEANIC FOR OCEANIC CLRNC. UPON CONTACTING SHANWICK WE STATED THAT WE WERE NOT MNPS CERTIFIED, AND THAT WE THEREFORE DID NOT WISH TO FLY THE NAT SYS OR ENTER MNPS AIRSPACE. THE CTLR ALSO ASKED WHETHER WE HAD FILED A FLT PLAN AS AN MNPS ACFT, TO WHICH WE AGAIN TOLD HIM THAT WE WERE NOT CERTIFIED, AND DID NOT MARK OUR FLT PLAN AS BEING MNPS CERTIFIED. THE CTLR THEN HA US STAND BY ON THE FREQ, AND AFTER A BRIEF MOMENT CAME BACK TO TELL US HE HAD CONTACTED REYKJAVIK CTL AND SUBSEQUENTLY CLRED US TO KEFLAVIK AT FL390. WE THEN WERE UNDER THE UNDERSTANDING THAT EVEN THOUGH WE WERE GOING TO BE FLYING THROUGH MNPSA W/O BEING CERTIFIED, WE HAD BEEN CLRED BY THAT SECTOR'S CTLR (SHANWICK), AT HIS DISCRETION, SINCE HE HAD THE AUTHORITY TO DO SO. AFTER THAT CONVERSATION, SHANWICK OCEANIC WENT US BACK TO LONDON CTL, AND LONDON NEVER QUESTIONED OUR FLT PLAN OR THE CLRNC THAT THEY, THEMSELVES, HAD ISSUED PRIOR TO OUR CONTACTING SHANWICK. AFTER RETURNING TO THE U.S., WE WERE THEN CONTACTED BY OUR LCL FSDO BECAUSE THEY HAD RECEIVED A COMPLAINT FROM LONDON CTL WHO WAS TRYING TO DETERMINE FOR SURE WHETHER OR NOT WE WERE MNPS CERTIFIED. LONDON REQUESTED THAT THE FAA PROVIDE THEM WITH FOLLOW-UP ACTION IN THIS MATTER. PLEASE SEE ATTACHED SHEET FOR OUR ROUTING. AT THE TIME OF THIS OCCURRENCE, THE ACFT WAS EQUIPPED WITH 2 VORS, 1 ADF AND AN OPERATIONAL VLF/OMEGA. NO NAV ERROR OR DEVIATION EVER TOOK PLACE. IT APPEARS TO US THAT THIS INCIDENT COULD HAVE BEEN AVOIDED HAD LONDON OR SHANWICK WARNED US OF THE DISCREPANCY IN OUR FLT PLAN, SINCE THEY WERE AWARE OF THE FACT THAT WE WERE NOT MNPS. DURING OUR CONVERSATION WITH SHANNON WE MADE IT VERY CLEAR TO THEM THAT WE DID NOT WISH TO PENETRATE MNPS AIRSPACE, BUT THEY CLRED US ANYWAY, WHICH TO US CONSTITUTED A CLRNC. IT IS OBVIOUS TO US THAT LONDON WAS WELL AWARE OF THAT FACT, TOO, BUT DECIDED NOT TO ADVISE US OF A POSSIBLE VIOLATION OF MNPS AIRSPACE. THE DISTANCE BTWN POLE HILL VOR AND N61 W10 (POINT OF MNPS PENETRATION) IS APPROX 504 NM, WHICH IN AN LTT WOULD HAVE GIVEN US AMPLE FUEL RANGE AND TIME TO RETURN TO HATFIELD OR CLB TO FL430, HAD WE BEEN GIVEN THAT OPTION AND A NOTICE THAT THERE WAS A DISCREPANCY IN OUR CLRNC AS FAR AS PENETRATING MNPS AIRSPACE. IN THE U.S. THE LACK OF WARNING FORM THE CTLRS WOULD BE CONSIDERED ENTRAPMENT SINCE THEY WERE AWARE THAT WE WERE NOT CERTIFIED AND STILL CLRED US INTO A PART OF THE AIRSPACE THAT THEY KNEW WE WERE ILLEGAL TO ENTER. HAD WE BEEN GIVEN THE OPTION TO CLB AND PROPER WARNING, WE WOULD HAVE BEEN ABLE TO REMAIN CLR OF MNPS AIRSPACE SINCE THAT STOPS AT FL400.

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.