Incident Overview
On July 24, 2022, a Cessna T206, registration SP-CPN, was involved in an incident near the Warsaw Terminal Control Area (TMA). The aircraft was operating a flight from Dajtki airfield near Olsztyn (EPOD) to a landing site near Konstancin. The flight plan filed by the pilot included a change from visual flight rules (VFR) to instrument flight rules (IFR) at point KULEK in TMA1 Olsztyn, and a change back to VFR at point LUVSO before the intended landing.
Sequence of Events
After takeoff, the Cessna climbed to FL 80 and continued at that altitude toward the Warsaw TMA. At 18:53 local time, the FIS Olsztyn controller called the APP Warsaw planning controller to coordinate entry into the controlled space. The aircraft was then approximately 13 nautical miles from the TMA entry point, about 5 minutes of flight at 150 knots. The APP controller, considering the current traffic situation, did not grant clearance to enter the TMA and instructed the aircraft to continue below it. The FIS controller relayed this information to the crew, suggesting they proceed under or around the TMA.
At the time of this transmission, the Cessna was about 9.3 NM from the TMA boundary, approximately 3 minutes 40 seconds of flight. According to Doc 4444 procedures, the communication regarding the denial of entry should have occurred with a 5-minute lead time. The FIS controller had begun the required coordination but it was late.
The pilot acknowledged the denial and stated he was initiating a descent. He did not report any concerns or problems at that moment. As the aircraft neared the ORBUZ waypoint, the FIS controller informed the crew they were 3 NM from the TMA boundary. The pilot then remarked that the information about descending below the TMA had been given at the last moment. The FIS suggested a right turn to a northerly heading to avoid penetrating the TMA.
Subsequently, the FIS assistant coordinator telephoned the APP controller and arranged for the Cessna to continue at 3000 feet AMSL through the TMA, as there was no conflicting traffic. The crew was to remain on FIS frequency. The pilot acknowledged this new clearance.
However, the flight through the TMA was conducted in controlled airspace Class C, where the crew should have been in contact with the APP executive controller, not FIS. The coordination between APP and FIS was therefore non-compliant with regulations.
Probable Cause
The cause of the rapid descent was the crew's unjustified belief that they would receive ATC clearance to enter the TMA.
Contributing Factors
- Late coordination of flight conditions between FIS Olsztyn and APP Warsaw.
- The descent was performed in a manner that the pilot himself considered dangerous.