VFR SMA CLRED THROUGH TCA AT 5500 FT CLBED WITHOUT ENCOUNTERING A CLOUD AND CAUSED LTSS.

Date: 1991-12 · Aircraft: Commercial Fixed Wing · Phase: taxi

Anomalies: atc-issue-all-types|deviation-discrepancy-procedural-published-material-policy

Synopsis

VFR SMA CLRED THROUGH TCA AT 5500 FT CLBED WITHOUT ENCOUNTERING A CLOUD AND CAUSED LTSS.

Narrative

DEPARTED GWINNETT COUNTY ON VFR DAY WITH 4000 BROKEN/10000 CEILING. REQUESTED AND GRANTED PERMISSION FROM ATLANTA APCH TO GO THROUGH TCA OVER HARTSFIELD (MY DEST WAS FLORIDA). CLRED TO CLB TO 5500 THE CTLR WAS VERY BUSY. CTLR ADVISED I HAD TFC AT MY 6 O'CLOCK POS; CLBING TO 6000. I WAS AT 5500; APCHING SOME CLOUDS AT THE SAME ALT. I COULDN'T GET THROUGH TO THE CTLR TO GET A CLRNC TO CLB TO REMAIN CLR OF CLOUDS BECAUSE HE WAS BUSY. I MADE THE JUDGEMENT CALL TO CLB TO REMAIN CLR OF CLOUDS AND WENT UP TO 5900. I AM NOT AN IFR PLT. MY OTHER CHOICE WAS TO GO INTO THE CLOUDS. I OBSERVED THE TFC AT MY 8 O'CLOCK POS AND 6000. WE BOTH RPTED VISUAL CONTACT TO THE CTLR. THE OTHER PLANE WAS AT LEAST A HALF MI AWAY AND 100 FT HIGHER THAN I. AFTER WE ACKNOWLEDGED EACH OTHER; THE PLT OF THE OTHER ACFT TOLD THE CTLR THAT I WAS NOT AT 5500; BUT AT 6000. I EXPLAINED TO THE CTLR THAT I WAS AT 5900 AND TOLD HIM WHY. HE WANTED TO KNOW WHY I DIDN'T GET CLRNC FROM HIM AND I TOLD HIM THAT IT WAS BECAUSE THE FREQ WAS SO BUSY I COULDN'T GET THROUGH AND DIDN'T HAVE TIME TO WAIT. I ALSO EXPLAINED THAT I AM NOT IFR RATED AND HAD TO MAKE A DECISION FAST. THE CTLR CALLED THE INCIDENT A 'NEAR MISS' BUT I FEEL THAT BOTH PLTS HAD EACH OTHER IN SIGHT AND WE WERE WELL APART FROM EACH OTHER. IF I COULD HAVE GOTTEN THROUGH TO THE CTLR ON THE FREQ; I WOULD HAVE GOTTEN A CLRNC; BUT HE WAS TOO BUSY.

Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.