Narrative:

On mar/xx/95, I was acting as copilot on an aircraft purchased from my company and being operated by the buyer's pilot. Before leaving for the leg to fort lauderdale, fl, the owner's requested that their pilot do a low fly-by over their racing strip. I stated to both parties that this action would be illegal and that the minimum altitude permitted would be 1000 ft AGL, over the arena. After this explanation, the owners and their pilot agreed and we departed for florida. I watched the PIC level the aircraft 1000 ft MSL and proceed for the race track. After reaffirming with him that this was as low as we could descend, I proceeded to organize our navigation charts to input the radio frequencys and headings we would need for our IFR clearance. As I was doing this, we were over-flying the track and I looked out of my window as we were climbing out to view the track. I immediately called houston center for our clearance to florida, and we proceeded IFR to our destination. About 10 days later, I learned the FAA was investigating the fly-by as violation of far 91.119 and stated the transponder had indicated a descent below legal minimums. To my knowledge, this had not occurred and because the xponders had been reporting problems, I am not at all certain as to their reliability. However, as I was arranging and locating navigation charts during the actual fly-by, I can only attest that we had leveled at a safe altitude before over flying the congested area. Because I was unfamiliar with the PF, I should have been more diligent in xchking the flight instruments during the actual maneuver and delayed my response to having the charts in order. Also, despite the fact that the minimum altitude was discussed and agreed to, having 2 instead of 1 crewmember watching any deviation from altitude would have prevented any inadvertent descent below altitude. Another action which could be taken would be to level at an altitude somewhat higher than minimum to prevent an accidental deviation from the target descent ht.

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Original NASA ASRS Text

Title: LOW ALT CIVIL OP CLAIMED BY ARTCC RADAR CTLR REGARDING FERRY FLT OF CORPORATE JET.

Narrative: ON MAR/XX/95, I WAS ACTING AS COPLT ON AN ACFT PURCHASED FROM MY COMPANY AND BEING OPERATED BY THE BUYER'S PLT. BEFORE LEAVING FOR THE LEG TO FORT LAUDERDALE, FL, THE OWNER'S REQUESTED THAT THEIR PLT DO A LOW FLY-BY OVER THEIR RACING STRIP. I STATED TO BOTH PARTIES THAT THIS ACTION WOULD BE ILLEGAL AND THAT THE MINIMUM ALT PERMITTED WOULD BE 1000 FT AGL, OVER THE ARENA. AFTER THIS EXPLANATION, THE OWNERS AND THEIR PLT AGREED AND WE DEPARTED FOR FLORIDA. I WATCHED THE PIC LEVEL THE ACFT 1000 FT MSL AND PROCEED FOR THE RACE TRACK. AFTER REAFFIRMING WITH HIM THAT THIS WAS AS LOW AS WE COULD DSND, I PROCEEDED TO ORGANIZE OUR NAV CHARTS TO INPUT THE RADIO FREQS AND HDGS WE WOULD NEED FOR OUR IFR CLRNC. AS I WAS DOING THIS, WE WERE OVER-FLYING THE TRACK AND I LOOKED OUT OF MY WINDOW AS WE WERE CLBING OUT TO VIEW THE TRACK. I IMMEDIATELY CALLED HOUSTON CTR FOR OUR CLRNC TO FLORIDA, AND WE PROCEEDED IFR TO OUR DEST. ABOUT 10 DAYS LATER, I LEARNED THE FAA WAS INVESTIGATING THE FLY-BY AS VIOLATION OF FAR 91.119 AND STATED THE XPONDER HAD INDICATED A DSCNT BELOW LEGAL MINIMUMS. TO MY KNOWLEDGE, THIS HAD NOT OCCURRED AND BECAUSE THE XPONDERS HAD BEEN RPTING PROBS, I AM NOT AT ALL CERTAIN AS TO THEIR RELIABILITY. HOWEVER, AS I WAS ARRANGING AND LOCATING NAV CHARTS DURING THE ACTUAL FLY-BY, I CAN ONLY ATTEST THAT WE HAD LEVELED AT A SAFE ALT BEFORE OVER FLYING THE CONGESTED AREA. BECAUSE I WAS UNFAMILIAR WITH THE PF, I SHOULD HAVE BEEN MORE DILIGENT IN XCHKING THE FLT INSTS DURING THE ACTUAL MANEUVER AND DELAYED MY RESPONSE TO HAVING THE CHARTS IN ORDER. ALSO, DESPITE THE FACT THAT THE MINIMUM ALT WAS DISCUSSED AND AGREED TO, HAVING 2 INSTEAD OF 1 CREWMEMBER WATCHING ANY DEV FROM ALT WOULD HAVE PREVENTED ANY INADVERTENT DSCNT BELOW ALT. ANOTHER ACTION WHICH COULD BE TAKEN WOULD BE TO LEVEL AT AN ALT SOMEWHAT HIGHER THAN MINIMUM TO PREVENT AN ACCIDENTAL DEV FROM THE TARGET DSCNT HT.

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.