UNITES STATES CUSTOMS ALLEGES THAT AMPHIBIAN SCHEDULED PAX FLT PENETRATED ADIZ WITH AN INOPERATIVE TRANSPONDER.

Narrative

IMMEDIATELY AFTER DEP THE CAPT OF THE FLT REQUESTED FROM FSS ACTIVATION OF THE VFR FLT PLAN AND ASKED FOR A TRANSPONDER CODE REQUIRED FOR INBOUND INTL FLTS TO THE UNITED STATES. THE CAPT GOT ACTIVATION AND A CODE. THE CODE WAS ENTERED IN THE TRANSPONDER AND THE TRANSPONDER WAS CONFIRMED ON AND WAS RECEIVING A REPLY. UPON ARR WE CLRED CUSTOMS. 15 MINS LATER WE GOT A CALL FROM CUSTOMS AND A PURSUIT HELI WITH CUSTOMS ARR ON THE SCENE. THEY CLAIMED WE VIOLATED THE ADIZ RULES. WE HAD NO IDEA THE TRANSPONDER WAS INTERMITTENT OR INOP. IN FACT THE DAY BEFORE THE TRANSPONDER WAS CHKED ON THE GND AND FOUND TO BE OPERATIONALLY SATISFACTORY. 2 FLTS BEFORE WE LEFT THE FLL ARSA AND THEY DID NOT HAVE ANY COMPLAINTS ABOUT OUR TRANSPONDER. WE ARE NOT REQUIRED TO CONTACT MIAMI ATC WHEN LNDG AT X44; MIAMI SEAPLANE BASE AS LONG AS WE STAY BELOW THE TCA FLOOR. MIAMI INTL IS VERY BUSY AND WHEN WE DO CONTACT THEM (WHEN TCA PENETRATION IS NECESSARY) THEY ARE OFTEN TOO BUSY TO BE BOTHERED WITH US. THE BEST WAY TO AVOID THIS PROBLEM; IS TO CONTACT A CTLING AUTHORITY ANYWAY (CENTER; ATC) AND VERIFY RADAR CONTACT. THIS WILL NOT WORK ALL THE TIME HOWEVER BECAUSE FLYING VFR THERE ARE TIMES WHEN ONE CAN'T CLB HIGH ENOUGH TO CONTACT A CENTER FREQ AND/OR RADAR CONTACT. OH WELL; HOPEFULLY THE TRANSPONDER WILL NEVER FAIL. ALSO; FSS SHOULD HAVE CONTACTED ATC AND LET THEM KNOW VFR TFC WAS COMING IN. MAYBE FSS; ATC; AND CUSTOMS DO NOT ALWAYS COM.