Narrative:

2 aircraft depart jfk airport rted over the same fix. Initially they were about 5 mi apart. I turned the first aircraft on course and delayed the second one (air carrier X) a couple of mi to build a little more spacing on the route. They were both heavy jets. After I turned air carrier X on course, it looked like he was increasing his speed so I advised the pilot not to exceed 250 KTS until advised. The pilot answered with a correct readback. Even though the pilot acknowledged the 250 KT speed restriction, he was still increasing speed and catching the leading aircraft. At this point I asked air carrier X to say his airspeed, he said 'slowing to 250 KTS.' I then asked air carrier X how he could be slowing to 250 KTS when he was not supposed to have exceeded 250 KTS! (I don't remember his reply). I also turned air carrier X off the route because I wasn't sure if I would be able to maintain separation. After about 30 seconds it was still obvious that air carrier X was still faster than the lead aircraft. I again asked the pilot to say his airspeed, he replied '270 KTS!' I then asked the pilot why he was not complying with my control instructions and if there was some sort of problem. He said 'no problem but I can't immediately slow from 310 KTS to 250 KTS.' during this whole incident, air carrier X was well below 10000 ft and only about 2-3 mi off the south shore of long island. This is not the first time a foreign air carrier has violated this regulation.

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Original NASA ASRS Text

Title: ACR X NON ADHERENCE TO ATC CLRNC NON ADHERENCE TO FAR. EXCEEDED 250 KTS BELOW 10000 FT. PLTDEV.

Narrative: 2 ACFT DEPART JFK ARPT RTED OVER THE SAME FIX. INITIALLY THEY WERE ABOUT 5 MI APART. I TURNED THE FIRST ACFT ON COURSE AND DELAYED THE SECOND ONE (ACR X) A COUPLE OF MI TO BUILD A LITTLE MORE SPACING ON THE RTE. THEY WERE BOTH HVY JETS. AFTER I TURNED ACR X ON COURSE, IT LOOKED LIKE HE WAS INCREASING HIS SPD SO I ADVISED THE PLT NOT TO EXCEED 250 KTS UNTIL ADVISED. THE PLT ANSWERED WITH A CORRECT READBACK. EVEN THOUGH THE PLT ACKNOWLEDGED THE 250 KT SPD RESTRICTION, HE WAS STILL INCREASING SPD AND CATCHING THE LEADING ACFT. AT THIS POINT I ASKED ACR X TO SAY HIS AIRSPD, HE SAID 'SLOWING TO 250 KTS.' I THEN ASKED ACR X HOW HE COULD BE SLOWING TO 250 KTS WHEN HE WAS NOT SUPPOSED TO HAVE EXCEEDED 250 KTS! (I DON'T REMEMBER HIS REPLY). I ALSO TURNED ACR X OFF THE RTE BECAUSE I WASN'T SURE IF I WOULD BE ABLE TO MAINTAIN SEPARATION. AFTER ABOUT 30 SECONDS IT WAS STILL OBVIOUS THAT ACR X WAS STILL FASTER THAN THE LEAD ACFT. I AGAIN ASKED THE PLT TO SAY HIS AIRSPD, HE REPLIED '270 KTS!' I THEN ASKED THE PLT WHY HE WAS NOT COMPLYING WITH MY CTL INSTRUCTIONS AND IF THERE WAS SOME SORT OF PROBLEM. HE SAID 'NO PROBLEM BUT I CAN'T IMMEDIATELY SLOW FROM 310 KTS TO 250 KTS.' DURING THIS WHOLE INCIDENT, ACR X WAS WELL BELOW 10000 FT AND ONLY ABOUT 2-3 MI OFF THE S SHORE OF LONG ISLAND. THIS IS NOT THE FIRST TIME A FOREIGN ACR HAS VIOLATED THIS REG.

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.