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Near midair collision -- pilot requests permission to enter class 'D' airspace. While awaiting permission, he evades into the airspace on a near midair collision.
| Attributes | |
| ACN | 307024 |
| Time | |
| Date | 199506 |
| Day | Sat |
| Local Time Of Day | 1201 To 1800 |
| Place | |
| Locale Reference | airport : cno |
| State Reference | CA |
| Altitude | msl bound lower : 2500 msl bound upper : 6000 |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | tracon : sna |
| Operator | general aviation : corporate |
| Make Model Name | Any Unknown or Unlisted Aircraft Manufacturer |
| Operating Under FAR Part | Part 91 |
| Flight Phase | climbout : intermediate altitude cruise other |
| Flight Plan | None |
| Aircraft 2 | |
| Make Model Name | Trojan (T28) |
| Operating Under FAR Part | other : unknown |
| Flight Phase | cruise other |
| Person 1 | |
| Affiliation | Other |
| Function | flight crew : single pilot |
| Qualification | pilot : instrument pilot : private |
| Experience | flight time last 90 days : 50 flight time total : 1200 flight time type : 50 |
| ASRS Report | 307024 |
| Person 2 | |
| Affiliation | Other |
| Function | flight crew : single pilot |
| Qualification | pilot : private |
| Events | |
| Anomaly | conflict : nmac non adherence : far other anomaly other |
| Independent Detector | other controllera other flight crewa |
| Resolutory Action | flight crew : took evasive action other |
| Consequence | Other |
| Miss Distance | horizontal : 0 vertical : 300 |
| Supplementary | |
| Primary Problem | Flight Crew Human Performance |
| Air Traffic Incident | Pilot Deviation |
Narrative:
I was at 2500 ft MSL with class 'D' airspace above me from 2700 ft to 5000 ft, I contacted coast approach to get a clearance to climb through the class 'D' airspace, was given a squawk code when I saw what appeared to be a T28 at 2:30 O'clock and about 1000 ft. Heading towards me at my same altitude or slightly below me, I pulled up immediately and in so doing zoom climbed through 3000 ft, as I was already in the airspace without clearance so I climbed on through. When I reached about 5500 ft or 6000 ft I heard ATC tell me to change frequency for identify. I did not respond, but changed my transponder back to 1200. Tuned it off, then back on. I do not believe anything could have been done to avoid the near miss. However, I believe looking back now, I should have contacted ATC and explained my actions. I believe the combination of high adrenalin and excitement combined with a fear of FAA enforcement action clouded my judgement in deciding not to respond to the ATC request. If I had not been afraid of FAA enforcement action I would have responded. When I calmed down I realized I had only made things worse. If I am ever in a situation like this again, I'm sure I would respond differently.
Original NASA ASRS Text
Title: NMAC -- PLT REQUESTS PERMISSION TO ENTER CLASS 'D' AIRSPACE. WHILE AWAITING PERMISSION, HE EVADES INTO THE AIRSPACE ON A NMAC.
Narrative: I WAS AT 2500 FT MSL WITH CLASS 'D' AIRSPACE ABOVE ME FROM 2700 FT TO 5000 FT, I CONTACTED COAST APCH TO GET A CLRNC TO CLB THROUGH THE CLASS 'D' AIRSPACE, WAS GIVEN A SQUAWK CODE WHEN I SAW WHAT APPEARED TO BE A T28 AT 2:30 O'CLOCK AND ABOUT 1000 FT. HDG TOWARDS ME AT MY SAME ALT OR SLIGHTLY BELOW ME, I PULLED UP IMMEDIATELY AND IN SO DOING ZOOM CLBED THROUGH 3000 FT, AS I WAS ALREADY IN THE AIRSPACE WITHOUT CLRNC SO I CLBED ON THROUGH. WHEN I REACHED ABOUT 5500 FT OR 6000 FT I HEARD ATC TELL ME TO CHANGE FREQ FOR IDENT. I DID NOT RESPOND, BUT CHANGED MY XPONDER BACK TO 1200. TUNED IT OFF, THEN BACK ON. I DO NOT BELIEVE ANYTHING COULD HAVE BEEN DONE TO AVOID THE NEAR MISS. HOWEVER, I BELIEVE LOOKING BACK NOW, I SHOULD HAVE CONTACTED ATC AND EXPLAINED MY ACTIONS. I BELIEVE THE COMBINATION OF HIGH ADRENALIN AND EXCITEMENT COMBINED WITH A FEAR OF FAA ENFORCEMENT ACTION CLOUDED MY JUDGEMENT IN DECIDING NOT TO RESPOND TO THE ATC REQUEST. IF I HAD NOT BEEN AFRAID OF FAA ENFORCEMENT ACTION I WOULD HAVE RESPONDED. WHEN I CALMED DOWN I REALIZED I HAD ONLY MADE THINGS WORSE. IF I AM EVER IN A SIT LIKE THIS AGAIN, I'M SURE I WOULD RESPOND DIFFERENTLY.
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.