Narrative:

Aircraft en route clt-ewr, assigned lower altitude by ATC to cross rbv VOR at 11000 ft. ATC had previously assigned airspeed of 300 KTS. During descent, ATC assigned airspeed of 250 KTS. We advised ATC we were unable to make rbv crossing restr due to speed reduction. ATC's response was to reissue the same clearance 'cross rbv at 11000 ft.' we even suggested he issue a turn to us if necessary. The captain subsequently spoke with ZNY supervisor who advised that the controller was in training and she had been monitoring the frequency and that ATC was wrong and was obligated to issue a turn or other instructions to us after he was advised by us that we were unable to make the restr. ATC said 'it was ATC's fault for not issuing a different clearance.' factors were: frequency congestion and 100 KT tailwind.

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Original NASA ASRS Text

Title: FK10 FLC ADVISED ZDC THAT THEY WERE UNABLE TO MAKE ISSUED XING RESTR. CTLR REISSUED SAME RESTR. ZDC SUPVR LATER ADVISED PIC CTLR FAILED TO ISSUE ALTERNATE INSTRUCTIONS WHEN ADVISED BY THE FK10 FLC OF THEIR INABILITY TO MEET THE ORIGINAL RESTR.

Narrative: ACFT ENRTE CLT-EWR, ASSIGNED LOWER ALT BY ATC TO CROSS RBV VOR AT 11000 FT. ATC HAD PREVIOUSLY ASSIGNED AIRSPD OF 300 KTS. DURING DSCNT, ATC ASSIGNED AIRSPD OF 250 KTS. WE ADVISED ATC WE WERE UNABLE TO MAKE RBV XING RESTR DUE TO SPD REDUCTION. ATC'S RESPONSE WAS TO REISSUE THE SAME CLRNC 'CROSS RBV AT 11000 FT.' WE EVEN SUGGESTED HE ISSUE A TURN TO US IF NECESSARY. THE CAPT SUBSEQUENTLY SPOKE WITH ZNY SUPVR WHO ADVISED THAT THE CTLR WAS IN TRAINING AND SHE HAD BEEN MONITORING THE FREQ AND THAT ATC WAS WRONG AND WAS OBLIGATED TO ISSUE A TURN OR OTHER INSTRUCTIONS TO US AFTER HE WAS ADVISED BY US THAT WE WERE UNABLE TO MAKE THE RESTR. ATC SAID 'IT WAS ATC'S FAULT FOR NOT ISSUING A DIFFERENT CLRNC.' FACTORS WERE: FREQ CONGESTION AND 100 KT TAILWIND.

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.