Narrative:

Made routine on-time VFR departure from hamilton, ontario (yhm), for destination airport rochester, ny (roc), to my chosen point of united states entry for united states customs clearance and refueling. The required international flight plan was filed with toronto FSS. It reflected roc as the destination, estimated flight time 1:05 hours, and 3 hours fuel on board. Customs in rochester was called to alert them to our arrival time. Although communications were not good, I understood yhm tower to indicate they opened our flight plan at departure. While WX conditions had progressively improved to VFR just prior to departure, the forecast improvement had not occurred either before or after our passing niagara falls (iag), our first possible united states point of entry (customs). En route roc, VHF communication problems increased and neither navcom radio worked properly. I resorted to our hand-held VHF radio and connected it into our aircraft's antenna system. In due course, we received roc ATIS 'papa,' learning ILS runway 22 was in use. I next tuned in and received roc approach to monitor airport movements. At 20 mi out, attempted to contact approach. The 'message received garbled' transmission was obviously for us. Tried again at 10 mi and 2000 ft with same result. At this time, the hand-held battery-low level beeping began: radio had obviously become useless and I set 7600 in as a transponder code to announce total communications failure. Decision was made to regrettably 'bust' the roc class C airspace and land on active ILS runway 22, the closest runway. To avoid possible conflict with other aircraft using other runways, I entered a non-standard r-hand pattern and after verifying no inbound traffic was in sight, landed uneventfully, quickly exiting the runway to taxiway a. After receiving a green light from the tower, I proceeded on taxiway a until a ground service vehicle arrived and led us to united states customs for processing. Ground personnel stated that approach wished to talk to me. An immediate phone call to them resulted in the anticipated reprimand and advice that a letter of airspace violation would be sent to the FAA. Approach offered to close out our VFR flight plan which I accepted. Pertinent factors in decision to land at roc: roc knew -- or should have known -- our aircraft was flight- planned to roc, and we landed at the predicted time. My predicament was announced by 'squawking' 7600. Anticipated further WX deterioration dictated that a return to niagara falls -- and its high traffic volume in the adjacent cyr 518 restr area on a holiday with no communicating capability -- was not a wise action, regardless of its class D airspace. The only other choice -- (we had to have customs available at landing) -- was buf, but would pose the same problem: class C airspace, no communication. The only reasonable choice was to (carefully) land at roc as flight-planned. As a 'landed' german citizen holding a 'green card' for 14 yrs, I am especially sensitive about abusing my residency status. The decision, really, was which united states government agency should I offend -- the united states customs and immigration or the FAA? I chose what I felt to be the lesser of the 2 evils. Conclusion: with ATC's permission, my husband (also private pilot) made a controled norad departure from roc. Less than 3 hours later the aircraft was safely in its home hangar -- at an uncontrolled airport. Callback conversation with reporter revealed the following information: reporter states there has been no FAA follow up to date. On reviewing the incident, reporter feels she did the best thing she could do. WX behind was deteriorating and returning was not an option. She was flying a lake amphibian.

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Original NASA ASRS Text

Title: SMA HAS RADIO FAILURE ON FLT FROM CANADA, LANDS IN CLASS C WITHOUT CLRNC.

Narrative: MADE ROUTINE ON-TIME VFR DEP FROM HAMILTON, ONTARIO (YHM), FOR DEST ARPT ROCHESTER, NY (ROC), TO MY CHOSEN POINT OF UNITED STATES ENTRY FOR UNITED STATES CUSTOMS CLRNC AND REFUELING. THE REQUIRED INTL FLT PLAN WAS FILED WITH TORONTO FSS. IT REFLECTED ROC AS THE DEST, ESTIMATED FLT TIME 1:05 HRS, AND 3 HRS FUEL ON BOARD. CUSTOMS IN ROCHESTER WAS CALLED TO ALERT THEM TO OUR ARR TIME. ALTHOUGH COMS WERE NOT GOOD, I UNDERSTOOD YHM TWR TO INDICATE THEY OPENED OUR FLT PLAN AT DEP. WHILE WX CONDITIONS HAD PROGRESSIVELY IMPROVED TO VFR JUST PRIOR TO DEP, THE FORECAST IMPROVEMENT HAD NOT OCCURRED EITHER BEFORE OR AFTER OUR PASSING NIAGARA FALLS (IAG), OUR FIRST POSSIBLE UNITED STATES POINT OF ENTRY (CUSTOMS). ENRTE ROC, VHF COM PROBS INCREASED AND NEITHER NAVCOM RADIO WORKED PROPERLY. I RESORTED TO OUR HAND-HELD VHF RADIO AND CONNECTED IT INTO OUR ACFT'S ANTENNA SYS. IN DUE COURSE, WE RECEIVED ROC ATIS 'PAPA,' LEARNING ILS RWY 22 WAS IN USE. I NEXT TUNED IN AND RECEIVED ROC APCH TO MONITOR ARPT MOVEMENTS. AT 20 MI OUT, ATTEMPTED TO CONTACT APCH. THE 'MESSAGE RECEIVED GARBLED' XMISSION WAS OBVIOUSLY FOR US. TRIED AGAIN AT 10 MI AND 2000 FT WITH SAME RESULT. AT THIS TIME, THE HAND-HELD BATTERY-LOW LEVEL BEEPING BEGAN: RADIO HAD OBVIOUSLY BECOME USELESS AND I SET 7600 IN AS A XPONDER CODE TO ANNOUNCE TOTAL COMS FAILURE. DECISION WAS MADE TO REGRETTABLY 'BUST' THE ROC CLASS C AIRSPACE AND LAND ON ACTIVE ILS RWY 22, THE CLOSEST RWY. TO AVOID POSSIBLE CONFLICT WITH OTHER ACFT USING OTHER RWYS, I ENTERED A NON-STANDARD R-HAND PATTERN AND AFTER VERIFYING NO INBOUND TFC WAS IN SIGHT, LANDED UNEVENTFULLY, QUICKLY EXITING THE RWY TO TXWY A. AFTER RECEIVING A GREEN LIGHT FROM THE TWR, I PROCEEDED ON TXWY A UNTIL A GND SVC VEHICLE ARRIVED AND LED US TO UNITED STATES CUSTOMS FOR PROCESSING. GND PERSONNEL STATED THAT APCH WISHED TO TALK TO ME. AN IMMEDIATE PHONE CALL TO THEM RESULTED IN THE ANTICIPATED REPRIMAND AND ADVICE THAT A LETTER OF AIRSPACE VIOLATION WOULD BE SENT TO THE FAA. APCH OFFERED TO CLOSE OUT OUR VFR FLT PLAN WHICH I ACCEPTED. PERTINENT FACTORS IN DECISION TO LAND AT ROC: ROC KNEW -- OR SHOULD HAVE KNOWN -- OUR ACFT WAS FLT- PLANNED TO ROC, AND WE LANDED AT THE PREDICTED TIME. MY PREDICAMENT WAS ANNOUNCED BY 'SQUAWKING' 7600. ANTICIPATED FURTHER WX DETERIORATION DICTATED THAT A RETURN TO NIAGARA FALLS -- AND ITS HIGH TFC VOLUME IN THE ADJACENT CYR 518 RESTR AREA ON A HOLIDAY WITH NO COMMUNICATING CAPABILITY -- WAS NOT A WISE ACTION, REGARDLESS OF ITS CLASS D AIRSPACE. THE ONLY OTHER CHOICE -- (WE HAD TO HAVE CUSTOMS AVAILABLE AT LNDG) -- WAS BUF, BUT WOULD POSE THE SAME PROB: CLASS C AIRSPACE, NO COM. THE ONLY REASONABLE CHOICE WAS TO (CAREFULLY) LAND AT ROC AS FLT-PLANNED. AS A 'LANDED' GERMAN CITIZEN HOLDING A 'GREEN CARD' FOR 14 YRS, I AM ESPECIALLY SENSITIVE ABOUT ABUSING MY RESIDENCY STATUS. THE DECISION, REALLY, WAS WHICH UNITED STATES GOV AGENCY SHOULD I OFFEND -- THE UNITED STATES CUSTOMS AND IMMIGRATION OR THE FAA? I CHOSE WHAT I FELT TO BE THE LESSER OF THE 2 EVILS. CONCLUSION: WITH ATC'S PERMISSION, MY HUSBAND (ALSO PVT PLT) MADE A CTLED NORAD DEP FROM ROC. LESS THAN 3 HRS LATER THE ACFT WAS SAFELY IN ITS HOME HANGAR -- AT AN UNCTLED ARPT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES THERE HAS BEEN NO FAA FOLLOW UP TO DATE. ON REVIEWING THE INCIDENT, RPTR FEELS SHE DID THE BEST THING SHE COULD DO. WX BEHIND WAS DETERIORATING AND RETURNING WAS NOT AN OPTION. SHE WAS FLYING A LAKE AMPHIBIAN.

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.