Departing pao with a plan to avoid sfo class B a C182 pilot climbs toward the class B floor to avoid traffic being vectored in his direction by approach control. The question was raised by the TRACON as to whether or not the class B had been entered without clearance.

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Attributes
ACN	523940
Time
Date	200109
Day	Thu
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : sfo.airport
State Reference	CA
Altitude	msl bound lower : 3500 msl bound upper : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	general aviation : personal
Make Model Name	Skylane 182/RG Turbo Skylane/RG
Flight Phase	cruise : level cruise : enroute altitude change
Flight Plan	None
Aircraft 2
Controlling Facilities	tracon : o90.tracon
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	descent : intermediate altitude
Route In Use	approach : instrument non precision arrival : on vectors
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument
Experience	flight time last 90 days : 40 flight time total : 670 flight time type : 490
ASRS Report	523940
Events
Anomaly	airspace violation : entry conflict : airborne less severe
Resolutory Action	flight crew : took precautionary avoidance action
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance Airspace Structure ATC Human Performance
Primary Problem	Airspace Structure
Air Traffic Incident	Pilot Deviation

Narrative:

After departure from pao via a right dumbarton departure, I planned to climb to 3500 ft until beyond the sfo DME 20 circle then climb further in steps to avoid class B airspace. My route of flight was pao direct imply direct tcy (airport) direct fat. At approximately abeam kgo antennas, pao tower approved a frequency change. I then switched to listen to bay approach sector. I then heard a small plane somewhere near sunol setting up for a practice VOR approach to hwd. Bay approach had him stay near 3500 ft and vectored towards me. In order to avoid the aircraft I climbed to 3900 ft, just below sfo class B. My altimeter had been set at pao to 29.88. I realize it is not wise to get so close to class B floor without clearance, but felt that it was the safest place to be given the traffic. Bay approach called later to say that I may have violated class B airspace. My instruments say I did not. However, I still believe it was an unsafe situation. Bay approach told me that their MVA in that area is 4000 ft even beyond 20 DME where the class B floor is 6000 ft. The whole sector is an accident waiting to happen.

Original NASA ASRS Text

Title: DEPARTING PAO WITH A PLAN TO AVOID SFO CLASS B A C182 PLT CLBS TOWARD THE CLASS B FLOOR TO AVOID TFC BEING VECTORED IN HIS DIRECTION BY APCH CTL. THE QUESTION WAS RAISED BY THE TRACON AS TO WHETHER OR NOT THE CLASS B HAD BEEN ENTERED WITHOUT CLRNC.

Narrative: AFTER DEP FROM PAO VIA A R DUMBARTON DEP, I PLANNED TO CLB TO 3500 FT UNTIL BEYOND THE SFO DME 20 CIRCLE THEN CLB FURTHER IN STEPS TO AVOID CLASS B AIRSPACE. MY RTE OF FLT WAS PAO DIRECT IMPLY DIRECT TCY (ARPT) DIRECT FAT. AT APPROX ABEAM KGO ANTENNAS, PAO TWR APPROVED A FREQ CHANGE. I THEN SWITCHED TO LISTEN TO BAY APCH SECTOR. I THEN HEARD A SMALL PLANE SOMEWHERE NEAR SUNOL SETTING UP FOR A PRACTICE VOR APCH TO HWD. BAY APCH HAD HIM STAY NEAR 3500 FT AND VECTORED TOWARDS ME. IN ORDER TO AVOID THE ACFT I CLBED TO 3900 FT, JUST BELOW SFO CLASS B. MY ALTIMETER HAD BEEN SET AT PAO TO 29.88. I REALIZE IT IS NOT WISE TO GET SO CLOSE TO CLASS B FLOOR WITHOUT CLRNC, BUT FELT THAT IT WAS THE SAFEST PLACE TO BE GIVEN THE TFC. BAY APCH CALLED LATER TO SAY THAT I MAY HAVE VIOLATED CLASS B AIRSPACE. MY INSTS SAY I DID NOT. HOWEVER, I STILL BELIEVE IT WAS AN UNSAFE SIT. BAY APCH TOLD ME THAT THEIR MVA IN THAT AREA IS 4000 FT EVEN BEYOND 20 DME WHERE THE CLASS B FLOOR IS 6000 FT. THE WHOLE SECTOR IS AN ACCIDENT WAITING TO HAPPEN.

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.