What happened
On July 24, 2009, a Cessna 182, registration EC-JSZ, was participating in an aviation event at the Maia – Vilar da Luz (LPVL) aerodrome. Following the event, the aircraft was scheduled to depart for Lugo (LERO). After taking off from LPVL at 16:21 UTC, the pilot contacted Porto Approach Control (LPPR APP) and received an SSR code to be entered into the transponder for radar identification.
Six minutes later, the air traffic controller noticed the aircraft was not appearing on radar. Upon questioning the pilot's position, the pilot reported crossing FL060, an altitude that was not authorized and placed the aircraft within the controlled Porto TMA. The aircraft was eventually identified on radar at FL090, approximately 18NM from the PRT navigation aid. At the time, the only other traffic in the area was a commercial transport aircraft on approach to Porto Sá Carneiro Airport, meaning no traffic conflict occurred. Following instructions from the controller to exit the controlled airspace, the pilot returned to LPV and departed again later that evening for the intended destination.
The investigation
The investigation examined the operational procedures for aircraft departing from LPVL. Because the aerodrome is located within the Porto radar vectoring area, specific restrictions apply. For VFR flights operating above 1,000 feet above ground level, it is mandatory to use a transponder with Mode C, display the assigned SSR code, and contact Porto Approach Control.
The investigation found that while the pilot had contacted ATC and received an SSR code, they failed to input the code into the transponder immediately. This prevented the controller from identifying the aircraft on radar and issuing necessary clearances. The pilot later informed the Porto Tower that the unauthorized climb was an attempt to climb out of clouds encountered shortly after takeoff to maintain VFR conditions.
Findings
- The pilot of EC-JSZ was not familiar with the specific local procedures required for operating out of the Vilar da Luz aerodrome.
- The pilot failed to input the assigned SSR code into the transponder promptly, which prevented radar identification.
- The aircraft entered controlled airspace without receiving the required ATC clearance.
- The pilot's decision to climb was motivated by an attempt to maintain visual separation from clouds.
- No traffic conflict occurred because no other aircraft were present in that sector at the time of the incident.