Narrative:

The event was the unintended entry into class B airspace after receiving and entering a transponder code but without ATC having said, 'cleared to enter class B airspace.' approximately 55 NM from destination and prior to entering class B airspace, the pilot called tampa approach and was given a transponder code which was promptly entered. The call was routine, the pilot was not told to remain clear of class B airspace or anything other than the code. Approximately 2-3 min after the initial call to ATC, the pilot was called by the first controller and routinely handed off to another tampa approach controller without further comment. The pilot called the second controller promptly. The pilot had expected the first controller to provide the clearance, and thought he might have forgotten and/or intended to follow up on his providing the entry code. Unsure, he then expected the second controller to provide the specific clearance. He intended to ask the second controller. However, the second controller, without opportunity for classification, immediately gave the pilot a new heading, an FAA phone number, and instructions to call the number regarding an airspace violation. Believing strongly in his constituted right to not incriminate himself, the pilot refused to call the FAA's telephone number. There were several contributing factors: 1) the pilot had never before flown the route or within the class B airspace, 2) the pilot failed to take into account the greatly increased airspeed, 3) the aircraft DME was not yet picking up sarasota, 4) ATC was apparently very busy 2 days before christmas, 5) in 2 contacts, the first controller never told the pilot to remain clear of class B airspace or anything else apart from the code and handoff. 6) the first controller carried out the handoff -- implying radar identify -- without bothering to specifically provide the clearance. Given the unintended nature of the incursion after a timely call to ATC, the lack of any apparent conflict with other aircraft more than 40 mi from destination, the handoff prior to providing the specific clearance: the pilot's unfamiliarity with the airspace, it is submitted that a warning would have been more appropriate than the second controller's focus on enforcement. On numerous occasions, the undersigned has overheard warnings, not enforcement action, in this precise situation. Suggested preventive actions are as follows: 1) ATC should be required to instruct pilots to remain clear of class B airspace if they are unable to timely provide a clearance, and 2) where airspeed is much greater than normal, pilots should be trained to adjust and call ATC sooner!

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Original NASA ASRS Text

Title: UNINTENTIONAL CLASS B INCURSION. PLT WAS UNFAMILIAR WITH RTE AS WELL AS CLASS B, AND CITED TAILWIND (INCREASED GNDSPD), AS CONTRIBUTING.

Narrative: THE EVENT WAS THE UNINTENDED ENTRY INTO CLASS B AIRSPACE AFTER RECEIVING AND ENTERING A XPONDER CODE BUT WITHOUT ATC HAVING SAID, 'CLRED TO ENTER CLASS B AIRSPACE.' APPROX 55 NM FROM DEST AND PRIOR TO ENTERING CLASS B AIRSPACE, THE PLT CALLED TAMPA APCH AND WAS GIVEN A XPONDER CODE WHICH WAS PROMPTLY ENTERED. THE CALL WAS ROUTINE, THE PLT WAS NOT TOLD TO REMAIN CLR OF CLASS B AIRSPACE OR ANYTHING OTHER THAN THE CODE. APPROX 2-3 MIN AFTER THE INITIAL CALL TO ATC, THE PLT WAS CALLED BY THE FIRST CTLR AND ROUTINELY HANDED OFF TO ANOTHER TAMPA APCH CTLR WITHOUT FURTHER COMMENT. THE PLT CALLED THE SECOND CTLR PROMPTLY. THE PLT HAD EXPECTED THE FIRST CTLR TO PROVIDE THE CLRNC, AND THOUGHT HE MIGHT HAVE FORGOTTEN AND/OR INTENDED TO FOLLOW UP ON HIS PROVIDING THE ENTRY CODE. UNSURE, HE THEN EXPECTED THE SECOND CTLR TO PROVIDE THE SPECIFIC CLRNC. HE INTENDED TO ASK THE SECOND CTLR. HOWEVER, THE SECOND CTLR, WITHOUT OPPORTUNITY FOR CLASSIFICATION, IMMEDIATELY GAVE THE PLT A NEW HDG, AN FAA PHONE NUMBER, AND INSTRUCTIONS TO CALL THE NUMBER REGARDING AN AIRSPACE VIOLATION. BELIEVING STRONGLY IN HIS CONSTITUTED RIGHT TO NOT INCRIMINATE HIMSELF, THE PLT REFUSED TO CALL THE FAA'S TELEPHONE NUMBER. THERE WERE SEVERAL CONTRIBUTING FACTORS: 1) THE PLT HAD NEVER BEFORE FLOWN THE RTE OR WITHIN THE CLASS B AIRSPACE, 2) THE PLT FAILED TO TAKE INTO ACCOUNT THE GREATLY INCREASED AIRSPD, 3) THE ACFT DME WAS NOT YET PICKING UP SARASOTA, 4) ATC WAS APPARENTLY VERY BUSY 2 DAYS BEFORE CHRISTMAS, 5) IN 2 CONTACTS, THE FIRST CTLR NEVER TOLD THE PLT TO REMAIN CLR OF CLASS B AIRSPACE OR ANYTHING ELSE APART FROM THE CODE AND HDOF. 6) THE FIRST CTLR CARRIED OUT THE HDOF -- IMPLYING RADAR IDENT -- WITHOUT BOTHERING TO SPECIFICALLY PROVIDE THE CLRNC. GIVEN THE UNINTENDED NATURE OF THE INCURSION AFTER A TIMELY CALL TO ATC, THE LACK OF ANY APPARENT CONFLICT WITH OTHER ACFT MORE THAN 40 MI FROM DEST, THE HDOF PRIOR TO PROVIDING THE SPECIFIC CLRNC: THE PLT'S UNFAMILIARITY WITH THE AIRSPACE, IT IS SUBMITTED THAT A WARNING WOULD HAVE BEEN MORE APPROPRIATE THAN THE SECOND CTLR'S FOCUS ON ENFORCEMENT. ON NUMEROUS OCCASIONS, THE UNDERSIGNED HAS OVERHEARD WARNINGS, NOT ENFORCEMENT ACTION, IN THIS PRECISE SIT. SUGGESTED PREVENTIVE ACTIONS ARE AS FOLLOWS: 1) ATC SHOULD BE REQUIRED TO INSTRUCT PLTS TO REMAIN CLR OF CLASS B AIRSPACE IF THEY ARE UNABLE TO TIMELY PROVIDE A CLRNC, AND 2) WHERE AIRSPD IS MUCH GREATER THAN NORMAL, PLTS SHOULD BE TRAINED TO ADJUST AND CALL ATC SOONER!

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.