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Deviation?

Old 06-11-2015, 07:06 PM
  #1  
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Default Deviation?

This afternoon I departed VFR from a Class D airport underlying Class B airspace. Tower cleared me for take off and I was instructed to fly the standard VFR departure. On departure I climbed up to 3000 feet and tower called me and asked me to descend back down to 2000 feet to avoid Bravo airspace. As soon as I reached 2000 feet the tower instructed me that I was clear of class Bravo airspace and could climb on course. I restarted my climb and as I was climbing through 4500 I was switched over to departure control. The departure controller gave me a sqawk code. Departure called radar contact said cleared to climb through Class Bravo airspace. Then the controlled called me to back to tell me that next time I needed to have a better understanding of their airspace. I responded that I was cleared to climb by the tower and departure responded that only they have control of the airspace. I realized that I had entered class B airspace prior to tower switching me over to departure control. I apologized to the controlled and informed them it would not happen again. I did not receive a "possible pilot deviation" notification and I was not given the number to call. I was a few miles to the East of the main airport and did not hear any evidence of a loss of separation. As a precaution I am filing a ASRS report.

My question is since departure cleared me to climb through class B airspace and did not notify me of a possible pd or give me the number do I need to be concerned about a potential FAA investigation?
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Old 06-12-2015, 06:23 AM
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ATC is supposed to give you what is called the "Brasher Warning" according to their FAA Orders. Even though that did not happen, I would still expect a written notice from the FSDO of possible pilot deviation because the "computer" that monitors all Mode-C and Mode-S traffic might "flag" your flight automatically and generate the report to the FSDO. Yes, that can and does happen. I would do the following as soon as possible:

1 File a NASA ASRS Report
2. Join AOPA and sign up for their Legal Plan
3. Log some remedial training with a CFI on Airspace (ground and flight).
4. Participate in the FAA's WINGS Program

Doing all these things will make you a safer and more proficient pilot. They will also show that you are being "proactive" and the FAA will look upon this favorably.
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Old 06-12-2015, 08:51 PM
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Probably nothing will come of it. The computer would probably only flag you if you created a conflict with an IFR aircraft.

Submit a nasa form and probably a good idea to sign up for the AOPA legal like perfinit said.

For future reference, never enter the bravo while VFR without an explicit bravo clearance, ie "cleared into class bravo airspace, maintain 5000 fly HDG 230".

You must hear the "cleared into class bravo airspace"...if not you need to ask for it.
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Old 07-02-2015, 11:06 AM
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Originally Posted by PerfInit View Post
ATC is supposed to give you what is called the "Brasher Warning" according to their FAA Orders. Even though that did not happen, I would still expect a written notice from the FSDO of possible pilot deviation because the "computer" that monitors all Mode-C and Mode-S traffic might "flag" your flight automatically and generate the report to the FSDO. Yes, that can and does happen. I would do the following as soon as possible:

1 File a NASA ASRS Report
2. Join AOPA and sign up for their Legal Plan
3. Log some remedial training with a CFI on Airspace (ground and flight).
4. Participate in the FAA's WINGS Program

Doing all these things will make you a safer and more proficient pilot. They will also show that you are being "proactive" and the FAA will look upon this favorably.
Brasher warnings really didn't help out these airmen when it was applied in their case....

"Based upon Brasher and other similar cases, as well as the supplemental information provided by the FAA, the Board held that Pate and Yoder were entitled to a waiver of sanction because they did not receive the ATC notification of deviation consistent with the provisions of paragraph 2-1-26 of the ATC manual. However, it is important to note that the Board’s decision only waived the sanction against the two pilots (e.g. the 15 and 7 day suspensions). The Brasher doctrine and the ASRS program do not grant pilots immunity. They merely eliminate the potential sanction associated with FAR violations. Thus, the violations of FAR 91.123 and FAR 91.13 admitted by Pate and Yoder remained."

Reigel Law Firm, Ltd., an Aviation Law Firm
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Old 07-02-2015, 05:33 PM
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I don't understand your point, Wankel. The airmen DID benefit because the sanction (suspension) was waived. Isn't that a good thing? To me, the point is, the burden is on the agency to follow procedure. If procedural mis-steps are identified, it will favor the airman.
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Old 07-04-2015, 12:59 PM
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Originally Posted by PerfInit View Post
I don't understand your point, Wankel. The airmen DID benefit because the sanction (suspension) was waived. Isn't that a good thing? To me, the point is, the burden is on the agency to follow procedure. If procedural mis-steps are identified, it will favor the airman.
The sanction is small fries compared to the violation. Who cares about the sanction when you will have a black mark that will follow you until you are dead?
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Old 07-05-2015, 09:08 AM
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"Lighten up, Francis"!

Lots of pilots have had violations, which they learn from and move on. I'd rather have a CFR violation on my record than be dead. It's not the end of the world!! Many pilots have stuff on their FAA and/ or criminal record and still followed their path to a dream job. Were all human, and humans make mistakes. Learn from them and have a positive attitude!

I would encourage everyone to read FAA Order 2150.3B. It will explain alot.
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