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Small transport captain reported ATC issued an unrestricted VFR climb which penetrated class B airspace.
| Attributes | |
| ACN | 1712252 |
| Time | |
| Date | 201912 |
| Local Time Of Day | 0601-1200 |
| Place | |
| Locale Reference | SJC.Airport |
| State Reference | CA |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Make Model Name | Small Transport Low Wing 2 Turboprop Eng |
| Operating Under FAR Part | Part 91 |
| Flight Phase | Climb |
| Route In Use | Direct |
| Flight Plan | VFR |
| Person 1 | |
| Function | Pilot Flying Single Pilot |
| Qualification | Flight Crew Flight Engineer Flight Crew Air Transport Pilot (ATP) Flight Crew Flight Instructor Flight Crew Multiengine Flight Crew Instrument |
| Experience | Flight Crew Last 90 Days 120 Flight Crew Total 25000 Flight Crew Type 2000 |
| Events | |
| Anomaly | ATC Issue All Types Airspace Violation All Types Deviation - Procedural Clearance Deviation - Procedural Published Material / Policy Deviation - Procedural FAR |
Narrative:
I filed an IFR flight plan from sjc-ZZZ. Sjc tower mentioned prior to takeoff; that there was an extended delay for departure. A VFR departure was discussed with tower as that would reduce the delay in departure. A new VFR clearance was issued; with a 5;000-foot altitude restriction (standard altitude for VFR departures in sjc). After takeoff we departed runway 12R with a standard departure. After contacting; norcal departure on 121.3; we verified our cleared altitude of 5;000 and were radar identified. Norcal then cleared us 'on course and approved climb to our VFR altitude;' which was unusual. I questioned the controller; 'I wanted to confirm; we are cleared to 17;500 and not to stop at 5;000'? The controller confirmed; 'yes you are cleared to 17;500.' this was unusual as I have flown out of sjc for 15 + years and usually the class B airspace is restrictive. I followed the controller's instructions per the aim which states; pilots are to comply with ATC instructions. After handoff we once again confirmed climbing to 17;500. Upon climbing thru 8;800 (800 into the class B airspace) the controller questioned and asked if I had clearance into the class B airspace; I answered; yes it was my understanding we were cleared. He gave me a number to call after landing which I complied. The supervisor said he reviewed the ATC communications and acknowledged that I clearly was cleared to 17;500 and on at least 4 occasions I confirmed this clearance with the various norcal controllers. He said; unless the controller states 'cleared into the class B airspace;' the controller won't necessarily feel a class B clearance was issued; but also acknowledged that I clearly questioned the clearance to 17;500 and I complied with the ATC clearance(s) per the aim. No traffic conflict occurred or any TCAS events. I feel this difference in apparent phraseology; needs to be better stressed in either the aim or other FAA transmittals.
Original NASA ASRS Text
Title: Small transport Captain reported ATC issued an unrestricted VFR climb which penetrated Class B airspace.
Narrative: I filed an IFR flight plan from SJC-ZZZ. SJC Tower mentioned prior to takeoff; that there was an extended delay for departure. A VFR departure was discussed with Tower as that would reduce the delay in departure. A new VFR clearance was issued; with a 5;000-foot altitude restriction (standard altitude for VFR departures in SJC). After takeoff we departed Runway 12R with a standard departure. After contacting; NorCal departure on 121.3; we verified our cleared altitude of 5;000 and were radar identified. NorCal then cleared us 'on course and approved climb to our VFR altitude;' which was unusual. I questioned the Controller; 'I wanted to confirm; we are cleared to 17;500 and not to stop at 5;000'? The Controller confirmed; 'yes you are cleared to 17;500.' This was unusual as I have flown out of SJC for 15 + years and usually the Class B airspace is restrictive. I followed the Controller's instructions per the AIM which states; pilots are to comply with ATC instructions. After handoff we once again confirmed climbing to 17;500. Upon climbing thru 8;800 (800 into the Class B airspace) the Controller questioned and asked if I had clearance into the Class B airspace; I answered; yes it was my understanding we were cleared. He gave me a number to call after landing which I complied. The Supervisor said he reviewed the ATC communications and acknowledged that I clearly was cleared to 17;500 and on at least 4 occasions I confirmed this clearance with the various NorCal controllers. He said; unless the Controller states 'cleared into the Class B airspace;' the Controller won't necessarily feel a Class B clearance was issued; but also acknowledged that I clearly questioned the clearance to 17;500 and I complied with the ATC clearance(s) per the AIM. No traffic conflict occurred or any TCAS events. I feel this difference in apparent phraseology; needs to be better stressed in either the AIM or other FAA transmittals.
Data retrieved from NASA's ASRS site 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.