Narrative:

At carlsbad/palomar I radioed san approach for clearance through the TCA en route to brown field. Their response was an immediate instruction to squawk, which I did. They said no more, but the nature of their response caused me to believe I was cleared through the TCA. When closer to san and not having heard anything from them, I asked if they received my squawk. About 10 mins had passed. They quickly said they did not receive the squawk, asked my position and requested that I squawk another number which I did. There were 2 planes (airliners) on final to lindbergh which I saw in plenty of time and in fact followed their progress. This is what led me to believe that san did not have me on radar and hence my request. It was not necessary to evade the airliners, although I did anyway. They asked me to phone, and when I did, advised me that one airliner on approach had to go around. During that phone call they made it clear to me that I had to actually be verbally cleared through the TCA. I have all my experience overseas and although I had passed the FAA instrument foreign pilot written examination, I was not aware of this technicality, which does seem to make sense. I am amazed that the controller would not have requested my location sooner because of the possible conflict. He must have known I was in the area. During my study for the written examination I studied TCA's carefully because they are somewhat different (in terminology and use) than anything I had known. Nowhere during that time did I see that actual verbal, literal clearance as in 'cleared to enter the TCA' was required. I had incorrectly assumed that clearance when asked to squawk the first time because of the nature in which the request was made (in reply to my request) and the expression of assumed clearance in the voice of the controller, which was obvious to me. It is clear that this was a possible problem situation, and it is now clear to me exactly what is required. In fact, perhaps I should have filed IFR, but certainly I wanted the practical experience with TCA's as I have to come to grips with them if I'm to fly here. My experience in aviation is entirely in new zealand. While it is true that clearance into controled airspace is required when doing so, a reasonable period of time would be allowed for the controller to obtain a radar fix, and if he was unable to do so he would have queried the aircraft as soon as possible, especially in the case where a possible conflict could occur such as this. This report did not ask my opinion, but I truly feel it would be safer if more responsibility was taken by the controller. Incidentally, I would have radioed the controller with my initial query sooner (if he had received my squawk) but there was a constant flow of radio traffic. I realize this is the reason why the controller might not have queried me sooner, but I noticed that much of the radio traffic was trivial, friendly banter and could have been abbreviated if a more professional was taken by other pilots and controllers in the use of the radio.

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Original NASA ASRS Text

Title: GA SMA UNAUTH PENETRATION OF AIRSPACE.

Narrative: AT CARLSBAD/PALOMAR I RADIOED SAN APCH FOR CLRNC THROUGH THE TCA ENRTE TO BROWN FIELD. THEIR RESPONSE WAS AN IMMEDIATE INSTRUCTION TO SQUAWK, WHICH I DID. THEY SAID NO MORE, BUT THE NATURE OF THEIR RESPONSE CAUSED ME TO BELIEVE I WAS CLRED THROUGH THE TCA. WHEN CLOSER TO SAN AND NOT HAVING HEARD ANYTHING FROM THEM, I ASKED IF THEY RECEIVED MY SQUAWK. ABOUT 10 MINS HAD PASSED. THEY QUICKLY SAID THEY DID NOT RECEIVE THE SQUAWK, ASKED MY POS AND REQUESTED THAT I SQUAWK ANOTHER NUMBER WHICH I DID. THERE WERE 2 PLANES (AIRLINERS) ON FINAL TO LINDBERGH WHICH I SAW IN PLENTY OF TIME AND IN FACT FOLLOWED THEIR PROGRESS. THIS IS WHAT LED ME TO BELIEVE THAT SAN DID NOT HAVE ME ON RADAR AND HENCE MY REQUEST. IT WAS NOT NECESSARY TO EVADE THE AIRLINERS, ALTHOUGH I DID ANYWAY. THEY ASKED ME TO PHONE, AND WHEN I DID, ADVISED ME THAT ONE AIRLINER ON APCH HAD TO GO AROUND. DURING THAT PHONE CALL THEY MADE IT CLEAR TO ME THAT I HAD TO ACTUALLY BE VERBALLY CLRED THROUGH THE TCA. I HAVE ALL MY EXPERIENCE OVERSEAS AND ALTHOUGH I HAD PASSED THE FAA INSTRUMENT FOREIGN PLT WRITTEN EXAM, I WAS NOT AWARE OF THIS TECHNICALITY, WHICH DOES SEEM TO MAKE SENSE. I AM AMAZED THAT THE CTLR WOULD NOT HAVE REQUESTED MY LOCATION SOONER BECAUSE OF THE POSSIBLE CONFLICT. HE MUST HAVE KNOWN I WAS IN THE AREA. DURING MY STUDY FOR THE WRITTEN EXAM I STUDIED TCA'S CAREFULLY BECAUSE THEY ARE SOMEWHAT DIFFERENT (IN TERMINOLOGY AND USE) THAN ANYTHING I HAD KNOWN. NOWHERE DURING THAT TIME DID I SEE THAT ACTUAL VERBAL, LITERAL CLRNC AS IN 'CLRED TO ENTER THE TCA' WAS REQUIRED. I HAD INCORRECTLY ASSUMED THAT CLRNC WHEN ASKED TO SQUAWK THE FIRST TIME BECAUSE OF THE NATURE IN WHICH THE REQUEST WAS MADE (IN REPLY TO MY REQUEST) AND THE EXPRESSION OF ASSUMED CLRNC IN THE VOICE OF THE CTLR, WHICH WAS OBVIOUS TO ME. IT IS CLEAR THAT THIS WAS A POSSIBLE PROB SITUATION, AND IT IS NOW CLEAR TO ME EXACTLY WHAT IS REQUIRED. IN FACT, PERHAPS I SHOULD HAVE FILED IFR, BUT CERTAINLY I WANTED THE PRACTICAL EXPERIENCE WITH TCA'S AS I HAVE TO COME TO GRIPS WITH THEM IF I'M TO FLY HERE. MY EXPERIENCE IN AVIATION IS ENTIRELY IN NEW ZEALAND. WHILE IT IS TRUE THAT CLRNC INTO CTLED AIRSPACE IS REQUIRED WHEN DOING SO, A REASONABLE PERIOD OF TIME WOULD BE ALLOWED FOR THE CTLR TO OBTAIN A RADAR FIX, AND IF HE WAS UNABLE TO DO SO HE WOULD HAVE QUERIED THE ACFT ASAP, ESPECIALLY IN THE CASE WHERE A POSSIBLE CONFLICT COULD OCCUR SUCH AS THIS. THIS RPT DID NOT ASK MY OPINION, BUT I TRULY FEEL IT WOULD BE SAFER IF MORE RESPONSIBILITY WAS TAKEN BY THE CTLR. INCIDENTALLY, I WOULD HAVE RADIOED THE CTLR WITH MY INITIAL QUERY SOONER (IF HE HAD RECEIVED MY SQUAWK) BUT THERE WAS A CONSTANT FLOW OF RADIO TFC. I REALIZE THIS IS THE REASON WHY THE CTLR MIGHT NOT HAVE QUERIED ME SOONER, BUT I NOTICED THAT MUCH OF THE RADIO TFC WAS TRIVIAL, FRIENDLY BANTER AND COULD HAVE BEEN ABBREVIATED IF A MORE PROFESSIONAL WAS TAKEN BY OTHER PLTS AND CTLRS IN THE USE OF THE RADIO.

Data retrieved from NASA's ASRS site as of August 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.