Narrative:

Air carrier X en route to mia from iah on J-86, encountered a thunderstorm approximately 210 NM east of leeville VOR. Tops of thunderstorm approximately 40000 ft and position was just south of J-86 and extended south approximately 100 NM. For safety of flight reasons, I requested north deviation. ZJX advised that only 10 NM north deviation available because of restr area. I accepted radar vector of 085 degrees and advised center that 10 NM deviation was all I needed to clear possible thunderstorm turbulence. Controller issued 105 degree vector after short time period which I turned to. Next heading was 120 degrees and then 140 degrees to intercept J-86. ZJX then handed us to ZMA. 15 mins after on ZMA, I was advised to call ZJX about a 'possible' incursion into restr airspace. ZJX supervisor said we went approximately 7 mi into restr airspace, that the controller had attempted to get permission to enter restr airspace and it was not authorized. The ZJX supervisor said he was still checking into the matter and would let me know what was decided. I never heard from ZJX. Since I accepted a 10 mi north deviation restr and radar vector to accomplish this deviation I was under center control. I did not request permission to penetrate the restr area. At that point on J-86 no DME is available from any VOR station. I had no way to determine when I was 10 mi north of J-86. I was under ZJX radar control. Solution might be to require permission extension into restr military training areas when safety of flight is a major concern. Supplemental information from acn 241758: air carrier X on J-86 between lev and srq requested north deviation due to WX. I advised the pilot all I could approve was 10 mi north of course due to warning areas W155, W151, and W470 all active FL500 and below. The pilot accepted this clearance saying 'yay that will be ok.' the warning areas are 15 mi north of J-86, my required separation is 3 mi which leaves 2 mi to spare. My radar is set for 150 mi at this position which means I'm seeing a 300 mi diameter. Several mins later when I noticed the aircraft about 13 mi north of J-86 I advised the pilot he was too far north and assigned heading 105 degrees to parallel the southern edge of W151. I contacted the using agency (eglin mission) to attempt to get approval to enter W151, but was denied. The aircraft appears to have remained on a heading of about 80 or 85 degrees and continued to a point about 2 mi into the warning area. I advised the pilot he was now in W151 and issued heading 120 degrees to get him out. My supervisor while monitoring the area saw part of this problem and turned it in to the watch supervisor. About 30 mins prior to this incident, I informed my supervisor that the WX was on and well south of the airway forcing the aircraft to the north and near the warning area. None of this was being painted by my radar. Traffic management unit personnel came to the sector to take a look and basically did nothing because I wasn't having any trouble when he got there. This sector is restr to the south by radar limitation and the north by warning areas. I think the pilot had a feeling that the warning area was unimportant and he could sneak into the corner of it, which many times he can because the controller works it out with the using agency. I think the big contributing factor in this incident is the attitude by all is 'the controller will work it out.'

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Original NASA ASRS Text

Title: ACR X UNAUTH UNCOORD PENETRATION OF AIRSPACE. (W 151). PLTDEV.

Narrative: ACR X ENRTE TO MIA FROM IAH ON J-86, ENCOUNTERED A TSTM APPROX 210 NM E OF LEEVILLE VOR. TOPS OF TSTM APPROX 40000 FT AND POS WAS JUST S OF J-86 AND EXTENDED S APPROX 100 NM. FOR SAFETY OF FLT REASONS, I REQUESTED N DEV. ZJX ADVISED THAT ONLY 10 NM N DEV AVAILABLE BECAUSE OF RESTR AREA. I ACCEPTED RADAR VECTOR OF 085 DEGS AND ADVISED CTR THAT 10 NM DEV WAS ALL I NEEDED TO CLR POSSIBLE TSTM TURB. CTLR ISSUED 105 DEG VECTOR AFTER SHORT TIME PERIOD WHICH I TURNED TO. NEXT HDG WAS 120 DEGS AND THEN 140 DEGS TO INTERCEPT J-86. ZJX THEN HANDED US TO ZMA. 15 MINS AFTER ON ZMA, I WAS ADVISED TO CALL ZJX ABOUT A 'POSSIBLE' INCURSION INTO RESTR AIRSPACE. ZJX SUPVR SAID WE WENT APPROX 7 MI INTO RESTR AIRSPACE, THAT THE CTLR HAD ATTEMPTED TO GET PERMISSION TO ENTER RESTR AIRSPACE AND IT WAS NOT AUTHORIZED. THE ZJX SUPVR SAID HE WAS STILL CHKING INTO THE MATTER AND WOULD LET ME KNOW WHAT WAS DECIDED. I NEVER HEARD FROM ZJX. SINCE I ACCEPTED A 10 MI N DEV RESTR AND RADAR VECTOR TO ACCOMPLISH THIS DEV I WAS UNDER CTR CTL. I DID NOT REQUEST PERMISSION TO PENETRATE THE RESTR AREA. AT THAT POINT ON J-86 NO DME IS AVAILABLE FROM ANY VOR STATION. I HAD NO WAY TO DETERMINE WHEN I WAS 10 MI N OF J-86. I WAS UNDER ZJX RADAR CTL. SOLUTION MIGHT BE TO REQUIRE PERMISSION EXTENSION INTO RESTR MIL TRAINING AREAS WHEN SAFETY OF FLT IS A MAJOR CONCERN. SUPPLEMENTAL INFO FROM ACN 241758: ACR X ON J-86 BTWN LEV AND SRQ REQUESTED N DEV DUE TO WX. I ADVISED THE PLT ALL I COULD APPROVE WAS 10 MI N OF COURSE DUE TO WARNING AREAS W155, W151, AND W470 ALL ACTIVE FL500 AND BELOW. THE PLT ACCEPTED THIS CLRNC SAYING 'YAY THAT WILL BE OK.' THE WARNING AREAS ARE 15 MI N OF J-86, MY REQUIRED SEPARATION IS 3 MI WHICH LEAVES 2 MI TO SPARE. MY RADAR IS SET FOR 150 MI AT THIS POS WHICH MEANS I'M SEEING A 300 MI DIAMETER. SEVERAL MINS LATER WHEN I NOTICED THE ACFT ABOUT 13 MI N OF J-86 I ADVISED THE PLT HE WAS TOO FAR N AND ASSIGNED HDG 105 DEGS TO PARALLEL THE SOUTHERN EDGE OF W151. I CONTACTED THE USING AGENCY (EGLIN MISSION) TO ATTEMPT TO GET APPROVAL TO ENTER W151, BUT WAS DENIED. THE ACFT APPEARS TO HAVE REMAINED ON A HDG OF ABOUT 80 OR 85 DEGS AND CONTINUED TO A POINT ABOUT 2 MI INTO THE WARNING AREA. I ADVISED THE PLT HE WAS NOW IN W151 AND ISSUED HDG 120 DEGS TO GET HIM OUT. MY SUPVR WHILE MONITORING THE AREA SAW PART OF THIS PROB AND TURNED IT IN TO THE WATCH SUPVR. ABOUT 30 MINS PRIOR TO THIS INCIDENT, I INFORMED MY SUPVR THAT THE WX WAS ON AND WELL S OF THE AIRWAY FORCING THE ACFT TO THE N AND NEAR THE WARNING AREA. NONE OF THIS WAS BEING PAINTED BY MY RADAR. TFC MGMNT UNIT PERSONNEL CAME TO THE SECTOR TO TAKE A LOOK AND BASICALLY DID NOTHING BECAUSE I WASN'T HAVING ANY TROUBLE WHEN HE GOT THERE. THIS SECTOR IS RESTR TO THE S BY RADAR LIMITATION AND THE N BY WARNING AREAS. I THINK THE PLT HAD A FEELING THAT THE WARNING AREA WAS UNIMPORTANT AND HE COULD SNEAK INTO THE CORNER OF IT, WHICH MANY TIMES HE CAN BECAUSE THE CTLR WORKS IT OUT WITH THE USING AGENCY. I THINK THE BIG CONTRIBUTING FACTOR IN THIS INCIDENT IS THE ATTITUDE BY ALL IS 'THE CTLR WILL WORK IT OUT.'

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.