Narrative:

Aircraft was inbound to buy from gso at assigned 3000 ft and cleared to fly the full localizer runway 6 into buy. I was flying direct to IAF, himun, not under vectors, but own navigation. At 3000 ft, reviewed plate for procedure turn and saw 3600 ft as MSA. Made repeated attempts to contact controller (3-4 times) to request climb to 3600 ft. Was unable to contact controller, but could hear communication between aircraft on ground at buy requesting clearance and controller on my frequency stating the clearance would be available once I was on the ground, estimated at 10 mins, and for the aircraft on the ground to notify him (the controller) when I touched down. At this point we (3 pilots on board) began to question radio failure given we could hear both the controller and aircraft requesting clearance but could not get response from controller. At approximately 1 mi from himun we broadcast in the blind that we were climbing to 3600 ft, the procedure turn MSA. The controller then called and stated that we had violated the assigned altitude and climbed without clearance. I had been cleared for the approach so said that repeated attempts to communicate were unsuccessful and once reaching the IAF made the decision to enter the approach climbing to the MSA of 3600 ft. We went back and forth a couple more times (communicating), completed the approach with the option then proceeded to igx, home base. When on the ground we were given a phone number to call gso. I called, talked ot the controller and discussed what we had done. His concern was that he had another flight at 4000 ft and our unclred climb had encroached on our separation. Conclusions: 1) although under radar control we were not on radar vectors and upon reaching IAF (himun) we had 2 choices -- climb to the MSA (3600 ft) for the procedure turn or enter the holding pattern until communication could be established. Given we were cleared for the approach, I chose to proceed with the charted approach. Immediately after our transmit stating we were climbing, communications were established negating the need to squawk 7600 for lost communication. 2) after talking to the controller on the phone, he still insisted the approach should have been flown at 3000 ft for the procedure turn since that was our last assigned altitude, even though we were flying the full approach (not on radar vectors). 3) 3 pilots in the aircraft, 2 instrument rated, 1 cfii -- we all came to the same conclusion. The procedure turn is charted at 3600 ft and must be flown at that altitude.

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Original NASA ASRS Text

Title: PLT OF A PIPER PA28 CLBED FROM ASSIGNED ALT TO THE MSA FOR THE LOC APCH PROC TURN CAUSING A LOSS OF IFR SEPARATION DUE TO ASSIGNED TFC ABOVE.

Narrative: ACFT WAS INBOUND TO BUY FROM GSO AT ASSIGNED 3000 FT AND CLRED TO FLY THE FULL LOC RWY 6 INTO BUY. I WAS FLYING DIRECT TO IAF, HIMUN, NOT UNDER VECTORS, BUT OWN NAV. AT 3000 FT, REVIEWED PLATE FOR PROC TURN AND SAW 3600 FT AS MSA. MADE REPEATED ATTEMPTS TO CONTACT CTLR (3-4 TIMES) TO REQUEST CLB TO 3600 FT. WAS UNABLE TO CONTACT CTLR, BUT COULD HEAR COM BTWN ACFT ON GND AT BUY REQUESTING CLRNC AND CTLR ON MY FREQ STATING THE CLRNC WOULD BE AVAILABLE ONCE I WAS ON THE GND, ESTIMATED AT 10 MINS, AND FOR THE ACFT ON THE GND TO NOTIFY HIM (THE CTLR) WHEN I TOUCHED DOWN. AT THIS POINT WE (3 PLTS ON BOARD) BEGAN TO QUESTION RADIO FAILURE GIVEN WE COULD HEAR BOTH THE CTLR AND ACFT REQUESTING CLRNC BUT COULD NOT GET RESPONSE FROM CTLR. AT APPROX 1 MI FROM HIMUN WE BROADCAST IN THE BLIND THAT WE WERE CLBING TO 3600 FT, THE PROC TURN MSA. THE CTLR THEN CALLED AND STATED THAT WE HAD VIOLATED THE ASSIGNED ALT AND CLBED WITHOUT CLRNC. I HAD BEEN CLRED FOR THE APCH SO SAID THAT REPEATED ATTEMPTS TO COMMUNICATE WERE UNSUCCESSFUL AND ONCE REACHING THE IAF MADE THE DECISION TO ENTER THE APCH CLBING TO THE MSA OF 3600 FT. WE WENT BACK AND FORTH A COUPLE MORE TIMES (COMMUNICATING), COMPLETED THE APCH WITH THE OPTION THEN PROCEEDED TO IGX, HOME BASE. WHEN ON THE GND WE WERE GIVEN A PHONE NUMBER TO CALL GSO. I CALLED, TALKED OT THE CTLR AND DISCUSSED WHAT WE HAD DONE. HIS CONCERN WAS THAT HE HAD ANOTHER FLT AT 4000 FT AND OUR UNCLRED CLB HAD ENCROACHED ON OUR SEPARATION. CONCLUSIONS: 1) ALTHOUGH UNDER RADAR CTL WE WERE NOT ON RADAR VECTORS AND UPON REACHING IAF (HIMUN) WE HAD 2 CHOICES -- CLB TO THE MSA (3600 FT) FOR THE PROC TURN OR ENTER THE HOLDING PATTERN UNTIL COM COULD BE ESTABLISHED. GIVEN WE WERE CLRED FOR THE APCH, I CHOSE TO PROCEED WITH THE CHARTED APCH. IMMEDIATELY AFTER OUR XMIT STATING WE WERE CLBING, COMS WERE ESTABLISHED NEGATING THE NEED TO SQUAWK 7600 FOR LOST COM. 2) AFTER TALKING TO THE CTLR ON THE PHONE, HE STILL INSISTED THE APCH SHOULD HAVE BEEN FLOWN AT 3000 FT FOR THE PROC TURN SINCE THAT WAS OUR LAST ASSIGNED ALT, EVEN THOUGH WE WERE FLYING THE FULL APCH (NOT ON RADAR VECTORS). 3) 3 PLTS IN THE ACFT, 2 INST RATED, 1 CFII -- WE ALL CAME TO THE SAME CONCLUSION. THE PROC TURN IS CHARTED AT 3600 FT AND MUST BE FLOWN AT THAT ALT.

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.