Narrative:

We departed tupj and contacted sju departure control. We were assigned 6000 ft. We were then asked if RNAV equipped, I responded no. We were then told to fly a heading of 275 degrees for intersection chaka (radial 113 approximately 21 mi east of sju). Then were given a handoff to sju approach control. The controller then cleared us to descend to 3000 ft. The controller never specified a vector, but told us we were in radar contact. I assumed that we entered an MVA lower than our altitude. We had visual contact with the ground at all times. I noticed that we were getting closer to the high terrain and just about the moment I was going to query him, he instructed us to turn to a heading of 360 degrees 'now.' at this point I told him we had visual with the ground. The ATC controller was very busy, as it is customary for the time of day, due to the high volume of traffic coming inbound to sju from the east, and apparently the ATC controller was not aware of our deviation into a lower MVA with ample time.

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Original NASA ASRS Text

Title: AN ATR72 CAPT RPTED THAT HE HAD VISUAL CONTACT WITH THE GND AT TUPJ, EVEN THOUGH SJU APCH CTLR CLRED HIM TO FLY BELOW THE MVA.

Narrative: WE DEPARTED TUPJ AND CONTACTED SJU DEP CTL. WE WERE ASSIGNED 6000 FT. WE WERE THEN ASKED IF RNAV EQUIPPED, I RESPONDED NO. WE WERE THEN TOLD TO FLY A HDG OF 275 DEGS FOR INTXN CHAKA (RADIAL 113 APPROX 21 MI E OF SJU). THEN WERE GIVEN A HDOF TO SJU APCH CTL. THE CTLR THEN CLRED US TO DSND TO 3000 FT. THE CTLR NEVER SPECIFIED A VECTOR, BUT TOLD US WE WERE IN RADAR CONTACT. I ASSUMED THAT WE ENTERED AN MVA LOWER THAN OUR ALT. WE HAD VISUAL CONTACT WITH THE GND AT ALL TIMES. I NOTICED THAT WE WERE GETTING CLOSER TO THE HIGH TERRAIN AND JUST ABOUT THE MOMENT I WAS GOING TO QUERY HIM, HE INSTRUCTED US TO TURN TO A HDG OF 360 DEGS 'NOW.' AT THIS POINT I TOLD HIM WE HAD VISUAL WITH THE GND. THE ATC CTLR WAS VERY BUSY, AS IT IS CUSTOMARY FOR THE TIME OF DAY, DUE TO THE HIGH VOLUME OF TFC COMING INBOUND TO SJU FROM THE E, AND APPARENTLY THE ATC CTLR WAS NOT AWARE OF OUR DEV INTO A LOWER MVA WITH AMPLE TIME.

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.