Small transport departed mia with inoperative transponder.

Attributes
ACN	192553
Time
Date	199110
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : mia
State Reference	FL
Altitude	msl bound lower : 1000 msl bound upper : 1000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mia
Operator	general aviation : corporate
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	departure other
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : commercial
Experience	flight time last 90 days : 64 flight time total : 5980
ASRS Report	192553
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	aircraft equipment problem : less severe non adherence : far non adherence : published procedure other anomaly other
Independent Detector	other other : unspecified cockpit
Resolutory Action	other other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Aircraft
Air Traffic Incident	Pilot Deviation other

Narrative:

I filed an IFR flight plan with miami flight service for a flight to melbourne, fl, with section 3 aircraft type/special equipment aim paragraph 298 explains that /B is DME and transponder, but no altitude encoding capability. Under (4) it states that use of 'this will insure ATC awareness of the pilot's ability to navigation point to point and may be utilized to expedite the flight.' when I contacted miami departure control he advised radar contact and asked for me to recycle for mode C. I advised that I had filed /B and he said it did not make any difference what I had filed with those guys at flight service, that I had to have a waiver number or I was in violation of the 30 mi veil. I asked what he wanted me to do? 'I want you to call when you get on the ground.' I called, and was informed that I had violated the 30 mi veil around miami international, and that it was their policy not to issue waivers except when you are flying in to have a transponder fixed and that until the mode C is operating I should use an airport outside the 30 mi radius. This time it would not be a violation but only a logbook entry because it was the first time. I have researched this and find that in addition to the aim section quoted above where ATC will supposedly be aware, far 91.215 (D) (2) states that ATC may authorize deviations from paragraph (B) immediately with /B equipment. No mention is made of a waiver number.

Original NASA ASRS Text

Title: SMT DEPARTED MIA WITH INOP TRANSPONDER.

Narrative: I FILED AN IFR FLT PLAN WITH MIAMI FLT SVC FOR A FLT TO MELBOURNE, FL, WITH SECTION 3 ACFT TYPE/SPECIAL EQUIP AIM PARAGRAPH 298 EXPLAINS THAT /B IS DME AND TRANSPONDER, BUT NO ALT ENCODING CAPABILITY. UNDER (4) IT STATES THAT USE OF 'THIS WILL INSURE ATC AWARENESS OF THE PLT'S ABILITY TO NAV POINT TO POINT AND MAY BE UTILIZED TO EXPEDITE THE FLT.' WHEN I CONTACTED MIAMI DEP CTL HE ADVISED RADAR CONTACT AND ASKED FOR ME TO RECYCLE FOR MODE C. I ADVISED THAT I HAD FILED /B AND HE SAID IT DID NOT MAKE ANY DIFFERENCE WHAT I HAD FILED WITH THOSE GUYS AT FLT SVC, THAT I HAD TO HAVE A WAIVER NUMBER OR I WAS IN VIOLATION OF THE 30 MI VEIL. I ASKED WHAT HE WANTED ME TO DO? 'I WANT YOU TO CALL WHEN YOU GET ON THE GND.' I CALLED, AND WAS INFORMED THAT I HAD VIOLATED THE 30 MI VEIL AROUND MIAMI INTL, AND THAT IT WAS THEIR POLICY NOT TO ISSUE WAIVERS EXCEPT WHEN YOU ARE FLYING IN TO HAVE A TRANSPONDER FIXED AND THAT UNTIL THE MODE C IS OPERATING I SHOULD USE AN ARPT OUTSIDE THE 30 MI RADIUS. THIS TIME IT WOULD NOT BE A VIOLATION BUT ONLY A LOGBOOK ENTRY BECAUSE IT WAS THE FIRST TIME. I HAVE RESEARCHED THIS AND FIND THAT IN ADDITION TO THE AIM SECTION QUOTED ABOVE WHERE ATC WILL SUPPOSEDLY BE AWARE, FAR 91.215 (D) (2) STATES THAT ATC MAY AUTHORIZE DEVS FROM PARAGRAPH (B) IMMEDIATELY WITH /B EQUIP. NO MENTION IS MADE OF A WAIVER NUMBER.

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.