Failed to request waiver per federal aviation regulation prior to departure with inoperative mode C.

Attributes
ACN	170684
Time
Date	199102
Day	Fri
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : opf
State Reference	FL
Altitude	msl bound lower : 2000 msl bound upper : 2000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	tracon : mia
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	descent : approach
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument
Experience	flight time total : 800
ASRS Report	170684
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	aircraft equipment problem : less severe non adherence : published procedure non adherence : far
Independent Detector	other controllera
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Departed hao IFR to opf. Cincinnati approach cleared me to 9000', which I reported reaching I had mode C on and approach informed me that my mode C indicated 10300'. I was in fact exactly at 9000', so informed approach and was instructed to stop squawk mode C. I had a similar prior problem which I had repaired about a month prior. I checked en route with other controllers to check mode C and each indicated the error so I did not use mode C during duration of flight and landed at opf inside the mia TCA west/O comment from approach, although I believe that I informed them of mode C situation prior to entering TCA. I am making this report because of the comments of approach the next day when I departed. I have made and sent a separate report for the departure. Briefly, however, I informed clearance delivery the next day of my mode C problem. Was told that they would inform approach and gave clearance. When airborne, mia approach informed me that they were not receiving my mode C. I explained. They explained that no clearance should have been given west/O a waiver obtained by me on the ground which I did not have.

Original NASA ASRS Text

Title: FAILED TO REQUEST WAIVER PER FEDERAL AVIATION REG PRIOR TO DEP WITH INOPERATIVE MODE C.

Narrative: DEPARTED HAO IFR TO OPF. CINCINNATI APCH CLRED ME TO 9000', WHICH I RPTED REACHING I HAD MODE C ON AND APCH INFORMED ME THAT MY MODE C INDICATED 10300'. I WAS IN FACT EXACTLY AT 9000', SO INFORMED APCH AND WAS INSTRUCTED TO STOP SQUAWK MODE C. I HAD A SIMILAR PRIOR PROB WHICH I HAD REPAIRED ABOUT A MONTH PRIOR. I CHKED ENRTE WITH OTHER CTLRS TO CHK MODE C AND EACH INDICATED THE ERROR SO I DID NOT USE MODE C DURING DURATION OF FLT AND LANDED AT OPF INSIDE THE MIA TCA W/O COMMENT FROM APCH, ALTHOUGH I BELIEVE THAT I INFORMED THEM OF MODE C SITUATION PRIOR TO ENTERING TCA. I AM MAKING THIS RPT BECAUSE OF THE COMMENTS OF APCH THE NEXT DAY WHEN I DEPARTED. I HAVE MADE AND SENT A SEPARATE RPT FOR THE DEP. BRIEFLY, HOWEVER, I INFORMED CLRNC DELIVERY THE NEXT DAY OF MY MODE C PROB. WAS TOLD THAT THEY WOULD INFORM APCH AND GAVE CLRNC. WHEN AIRBORNE, MIA APCH INFORMED ME THAT THEY WERE NOT RECEIVING MY MODE C. I EXPLAINED. THEY EXPLAINED THAT NO CLRNC SHOULD HAVE BEEN GIVEN W/O A WAIVER OBTAINED BY ME ON THE GND WHICH I DID NOT HAVE.

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.