Factual Information
On 24 July 2009, at 16:27 UTC, a Cessna 182 aircraft, registration EC-JSZ, operated an unknown operator flight from Maia – Vilar da Luz (LPVL) to Lugo (LERO) with two crew members aboard. The aircraft was participating in an aeronautical gathering at LPVL. After takeoff at 16:21, the pilot contacted Porto Approach Control (LPPR APP) and received SSR code A4775 to be set on the transponder. Six minutes later, the controller queried the pilot's position, and the pilot reported crossing flight level 060, an unauthorized altitude within the controlled airspace of Porto Terminal Control Area (TMA). When radar identification was eventually established, the aircraft was at FL090 on the 090° radial, 18 NM from the PRT VOR. The only other traffic in the area was a commercial transport aircraft at 4,000 feet on approach to runway 35 at Sá Carneiro Airport, with no conflict. The controller instructed the pilot to leave controlled airspace. The pilot returned to LPVL, landing and then departing again at 17:32 for Lugo. After landing, the pilot contacted the tower and justified the incursion by stating that the aircraft entered clouds at about 2,000 feet after takeoff, became disoriented, and sought to maintain VFR conditions.
Analysis
The investigation revealed that VFR flights from LPVL are required to contact Porto Approach, equip with a transponder with Mode C, display the assigned SSR code, and maintain an altitude no higher than 1,500 feet MSL until cleared into controlled airspace. The pilot failed to set the SSR code immediately and did not await clearance before climbing into the TMA. The pilot, being Spanish, was reportedly unfamiliar with the local procedures. No traffic conflict occurred because no other aircraft were in that sector at the time. The report notes that in 2009, three similar incursions from LPVL had been recorded, two involving foreign-registered aircraft.
Conclusions
The Cessna 182, EC-JSZ, was operating an authorized flight with a qualified crew. After takeoff, the pilot contacted Porto Approach as required but did not comply with the remaining procedures, entering controlled airspace without authorization and without radar identification. The pilot justified the action by the need to remain clear of clouds to maintain VFR flight conditions, but did not indicate awareness of having violated air traffic rules. No traffic conflict occurred due to the absence of other aircraft in the sector at the time.