Narrative:

I took off from gillespie and headed nne from the airport. There is a narrow TCA corridor just north of the airport with a floor of 1800'. There had been some brush fires in the county, and there were fire fighting tankers flying out of the ramona airport (northeast of gillespie) and over the burnt area. I wanted to avoid their altitude, so I climbed to 2500' MSL as soon as I was sure that I had cleared the corridor. When I returned and landed at palomar, ground control gave me a phone # and instructed me to call it. They did not give me anymore information and I had no idea who the phone # was for. It turned out to be the FAA area manager for san diego county. He was quite upset and told me that I had flown into the TCA west/O clearance and that an fgt jet had passed 100' below me. I reviewed the sectional again and I am still sure that I was clear of that portion of the TCA. Also I am surprised that an fgt could pass within 100' of me and that I would not see or hear it, or even feel the wake of the jet. So far, I have received 2 letters from the FAA. The first letter informed me that this matter is under investigation, and asked me for any statement or evidence I wanted to provide. It also stated that I may be eligible to participate in remedial pilot training in place of any legal enforcement action, but that I would have to respond immediately to express my interest in pursuing a course of remedial education. I wrote back stating that I was certain I had been clear of the TCA, and that although I was not admitting any guilt, if they still determined it necessary, I was interested in taking the training in lieu of legal enforcement action. The second letter stated that they had determined that remedial training would not be appropriate in this case, and that they are processing an enforcement investigation report. I have heard that your organization has assisted other pilots in similar situations. Any assistance or advice you could offer me in terms of how I should handle this matter would be greatly appreciated. Callback conversation with reporter revealed the following: analyst reviewed the provisions of ASRS with reporter. Reporter stated he is still quite positive that he did not enter TCA. He flies this route regularly and has never had difficulty. He flew toward rising TCA floor areas and was sure of leaving the 1800' area prior to climbing higher. No further FAA action to date.

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Original NASA ASRS Text

Title: PVT PLT DEPARTING ARPT BENEATH TCA ACCUSED OF CLIMBING INTO TCA. HAS NMAC WITH MIL ACFT.

Narrative: I TOOK OFF FROM GILLESPIE AND HEADED NNE FROM THE ARPT. THERE IS A NARROW TCA CORRIDOR JUST N OF THE ARPT WITH A FLOOR OF 1800'. THERE HAD BEEN SOME BRUSH FIRES IN THE COUNTY, AND THERE WERE FIRE FIGHTING TANKERS FLYING OUT OF THE RAMONA ARPT (NE OF GILLESPIE) AND OVER THE BURNT AREA. I WANTED TO AVOID THEIR ALT, SO I CLBED TO 2500' MSL AS SOON AS I WAS SURE THAT I HAD CLRED THE CORRIDOR. WHEN I RETURNED AND LANDED AT PALOMAR, GND CTL GAVE ME A PHONE # AND INSTRUCTED ME TO CALL IT. THEY DID NOT GIVE ME ANYMORE INFO AND I HAD NO IDEA WHO THE PHONE # WAS FOR. IT TURNED OUT TO BE THE FAA AREA MGR FOR SAN DIEGO COUNTY. HE WAS QUITE UPSET AND TOLD ME THAT I HAD FLOWN INTO THE TCA W/O CLRNC AND THAT AN FGT JET HAD PASSED 100' BELOW ME. I REVIEWED THE SECTIONAL AGAIN AND I AM STILL SURE THAT I WAS CLR OF THAT PORTION OF THE TCA. ALSO I AM SURPRISED THAT AN FGT COULD PASS WITHIN 100' OF ME AND THAT I WOULD NOT SEE OR HEAR IT, OR EVEN FEEL THE WAKE OF THE JET. SO FAR, I HAVE RECEIVED 2 LETTERS FROM THE FAA. THE FIRST LETTER INFORMED ME THAT THIS MATTER IS UNDER INVESTIGATION, AND ASKED ME FOR ANY STATEMENT OR EVIDENCE I WANTED TO PROVIDE. IT ALSO STATED THAT I MAY BE ELIGIBLE TO PARTICIPATE IN REMEDIAL PLT TRNING IN PLACE OF ANY LEGAL ENFORCEMENT ACTION, BUT THAT I WOULD HAVE TO RESPOND IMMEDIATELY TO EXPRESS MY INTEREST IN PURSUING A COURSE OF REMEDIAL EDUCATION. I WROTE BACK STATING THAT I WAS CERTAIN I HAD BEEN CLR OF THE TCA, AND THAT ALTHOUGH I WAS NOT ADMITTING ANY GUILT, IF THEY STILL DETERMINED IT NECESSARY, I WAS INTERESTED IN TAKING THE TRNING IN LIEU OF LEGAL ENFORCEMENT ACTION. THE SECOND LETTER STATED THAT THEY HAD DETERMINED THAT REMEDIAL TRNING WOULD NOT BE APPROPRIATE IN THIS CASE, AND THAT THEY ARE PROCESSING AN ENFORCEMENT INVESTIGATION RPT. I HAVE HEARD THAT YOUR ORGANIZATION HAS ASSISTED OTHER PLTS IN SIMILAR SITUATIONS. ANY ASSISTANCE OR ADVICE YOU COULD OFFER ME IN TERMS OF HOW I SHOULD HANDLE THIS MATTER WOULD BE GREATLY APPRECIATED. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: ANALYST REVIEWED THE PROVISIONS OF ASRS WITH RPTR. RPTR STATED HE IS STILL QUITE POSITIVE THAT HE DID NOT ENTER TCA. HE FLIES THIS RTE REGULARLY AND HAS NEVER HAD DIFFICULTY. HE FLEW TOWARD RISING TCA FLOOR AREAS AND WAS SURE OF LEAVING THE 1800' AREA PRIOR TO CLIMBING HIGHER. NO FURTHER FAA ACTION TO DATE.

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.