What aircraft was involved and where did it happen?

The accident on 2002-03-31 involved a BEECHCRAFT COOPERATION BE36, registration N3199G, at 5 NM au sud-ouest de FRI VOR, CH.

What was the probable cause of the accident?

The incident was caused by the pilot of HB-NCR entering controlled Class C airspace without authorization, driven by a misunderstanding of their position and the transition between airspace sectors.

Two near-collisions involving VFR aircraft in Swiss airspace

A Rockwell Commander flying under VFR rules entered controlled airspace without authorization, leading to two separate close encounters with IFR traffic.

What happened

On March 31, 2002, a Rockwell Commander, registration HB-NCR, was operating a VFR flight from Basel to Avignon. While transiting the Bern TMA, the pilot was instructed by Berne Approach to switch to transponder code 7000 and was cleared to leave the frequency. Following this instruction, the pilot began a climb through the Fribourg VOR area.

Shortly after, an IFR flight, a BE36 with registration N3199G, traveling from Geneva to Budapest at flight level 100, contacted Berne Approach. The controller alerted the pilot of N3199G to unknown VFR traffic climbing through their level. This VFR aircraft, HB-NCR, was actually crossing the path of N3199G with a separation of less than 0.5 NM and approximately 600 feet. The pilot of N3199G subsequently reported seeing the traffic.

In a separate but related event, the pilot of HB-NCR contacted Geneva Delta control, mistakenly believing they were in the ALPES sector and authorized to climb to flight level 115. In doing so, the aircraft had entered Class C airspace without prior authorization. During the ensuing communications, the pilot of HB-NCR inadvertently intercepted instructions intended for another aircraft, a Pilatus Porter (HB-FKT), which was also involved in a close proximity event with a Dash 8 (RQX6060) at that time.

The investigation

The investigation established that the pilot of HB-NCR believed they were authorized to climb after being released from Berne Approach. The pilot also provided an incorrect position to Geneva Delta, stating they were 10 NM southwest of the Fribourg VOR when they were actually only 5 NM away. This navigational error contributed to the pilot's misunderstanding of their current airspace boundaries. The investigation also noted that the pilot of HB-NCR was using transponder code 7000, which is mandatory for VFR flights above 7,000 feet, but the aircraft was not in radio contact with ATC during the unauthorized entry into Class C airspace.

Findings

The primary cause was the unauthorized entry of HB-NCR into Class C airspace due to the pilot's misunderstanding of airspace boundaries and flight authorization.
A navigational error regarding the aircraft's position relative to the Fribourg VOR led the pilot to believe they had entered the ALPES sector.
The presence of VFR flights in the airway, including parachute jumping operations near Ecuvillens, creates inherent risks for separation with IFR traffic.
The pilot of HB-NCR intercepted and responded to ATC instructions intended for another aircraft (HB-FKT), causing confusion during a critical period.