Pilot of small transport aircraft operated contrary to the VFR altitude rule during a photo flight.

Attributes
ACN	211439
Time
Date	199206
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : fwa
State Reference	IN
Altitude	msl bound lower : 13000 msl bound upper : 13500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zau
Operator	other
Make Model Name	Small Transport
Flight Phase	cruise other
Flight Plan	None
Person 1
Affiliation	government other
Function	observation : observer
Qualification	pilot : cfi pilot : atp pilot : instrument
Experience	flight time last 90 days : 70 flight time total : 5000 flight time type : 310
ASRS Report	211439
Person 2
Affiliation	government other
Function	flight crew : single pilot
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	non adherence : far other spatial deviation
Independent Detector	other controllera
Resolutory Action	other
Consequence	faa : reviewed incident with flight crew Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I was riding along on a photo flight to observe for other traffic and assist with the radios. My chief pilot was flying the small transport aircraft, the WX was clear, with 15 mi visibility. We climbed to 13500 ft en route to our photo area. We descended to 13000 ft and slowed to 150 KTS for the photo runs (this altitude gives us the proper scale on the negatives for this flight). We were receiving radar advisories from chicago center. Center advised us of an small aircraft aircraft at our same altitude 15 mi ahead (one O'clock eastbound) at that time our heading was 040 degrees and we were about 2 mi from turning north (360 degrees) on our photo line. I continued to monitor center and look for this traffic. We proceeded approximately 4 mi north on this line before cancelling the mission due to some cloud buildups below us. Center advised us that we should get a waiver if we were going to do this again. I was surprised to find that our local FAA considered the actual photo lines 'level cruise flight' per far 91.159. I am pushing now with all speed to obtain the needed waiver.

Original NASA ASRS Text

Title: PLT OF SMT ACFT OPERATED CONTRARY TO THE VFR ALT RULE DURING A PHOTO FLT.

Narrative: I WAS RIDING ALONG ON A PHOTO FLT TO OBSERVE FOR OTHER TFC AND ASSIST WITH THE RADIOS. MY CHIEF PLT WAS FLYING THE SMT ACFT, THE WX WAS CLR, WITH 15 MI VISIBILITY. WE CLBED TO 13500 FT ENRTE TO OUR PHOTO AREA. WE DSNDED TO 13000 FT AND SLOWED TO 150 KTS FOR THE PHOTO RUNS (THIS ALT GIVES US THE PROPER SCALE ON THE NEGATIVES FOR THIS FLT). WE WERE RECEIVING RADAR ADVISORIES FROM CHICAGO CTR. CTR ADVISED US OF AN SMA ACFT AT OUR SAME ALT 15 MI AHEAD (ONE O'CLOCK EBOUND) AT THAT TIME OUR HDG WAS 040 DEGS AND WE WERE ABOUT 2 MI FROM TURNING N (360 DEGS) ON OUR PHOTO LINE. I CONTINUED TO MONITOR CTR AND LOOK FOR THIS TFC. WE PROCEEDED APPROX 4 MI N ON THIS LINE BEFORE CANCELLING THE MISSION DUE TO SOME CLOUD BUILDUPS BELOW US. CTR ADVISED US THAT WE SHOULD GET A WAIVER IF WE WERE GOING TO DO THIS AGAIN. I WAS SURPRISED TO FIND THAT OUR LCL FAA CONSIDERED THE ACTUAL PHOTO LINES 'LEVEL CRUISE FLT' PER FAR 91.159. I AM PUSHING NOW WITH ALL SPD TO OBTAIN THE NEEDED WAIVER.

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.