PLT OF IFR FLT CLBS ABOVE ASSIGNED WITHOUT CLRNC DUE TO ICING.

Date: 1991-12 · Aircraft: B737 Undifferentiated or Other Model · Phase: taxi

Synopsis

PLT OF IFR FLT CLBS ABOVE ASSIGNED WITHOUT CLRNC DUE TO ICING.

Narrative

I WAS FLYING MY SMA FROM TX TO CA WITH MY WIFE AND 2 DAUGHTERS. I WAS FOLLOWING V94 ON AN IFR FLT PLAN FROM MIDLAND; TX; TO BLYTHE; CA; AT 10000 FT MSL. ABOUT 30 MI NW OF GILA BEND VORTAC; I WAS APCHING A CLOUD DECK THAT AT FIRST APPEARED TO BE BELOW ME. THE OUTSIDE AIR TEMP WAS 25 DEGS F. THE CLOUD LAYER MAY HAVE BEEN RISING AS I APCHED AND I ENTERED IT. THE CLOUD CONTAINED SUPERCOOLED MOISTURE AND CLR ICE BEGAN TO FORM ON THE AIRFRAME. I CALLED ZAB AND TOLD THEM OF MY SITUATION AND ASKED FOR 12000 FT. CENTER CLRED ME IMMEDIATELY TO 11000 FT BUT SAID THAT AN SMA B WAS BEHIND ME AT 12000 FT AND I WOULD HAVE TO WAIT FOR HIGHER. I BEGAN THE CLB AND AS I REACHED 11000 FT I SAW THE SMA B PASS OVER THROUGH A HOLE IN THE CLOUD. I WAS CLBING AT ABOUT 90 KTS AND THE SMA B IN CRUISE WAS PROBABLY GOING OVER 160. IT WAS IMPERATIVE THAT I CONTINUE TO CLB BEFORE THE ICE MADE IT IMPOSSIBLE. SINCE THE TFC WAS NO LONGER A FACTOR I CONTINUED TO CLB. AT 11500 FT CENTER ASKED ME TO VERIFY THAT I WAS AT 11000 FT. I REPLIED THAT I WAS AT 11500 FT AND CENTER ASKED IF I WANTED TO CANCEL IFR. I REPLIED NEGATIVE AND THAT I NEEDED TO CONTINUE THE CLB TO 12000 FT. CENTER REPLIED THAT I COULDN'T BECAUSE OF THE REQUIRED 5 MI SPACING. CENTER FINALLY GAVE ME A VECTOR TO TURN ME AWAY FROM THE NOW LONG GONE SMA B AND I ULTIMATELY GOT TO 12000 FT AND OUT OF THE PROBLEM. I UNDERSTAND CENTER'S CONCERN WITH THE 5 MI SPACING BECAUSE THAT IS THEIR RULE. IN NORMAL CIRCUMSTANCES IT IS A GOOD RULE AND I HAVE NO PROBLEM WITH IT. IN SOME SITUATIONS; HOWEVER; SUCH AS THE ONE I WAS IN; I BELIEVE THAT CENTER SHOULD HAVE SOME LATITUDE TO MAKE EXCEPTIONS. IT IS NOT REASONABLE TO ENFORCE A 'RULE' TO THE POINT OF CAUSING A PLANE CRASH CLAIMING THE LIVES OF 4 PEOPLE! WHILE I REMEMBER THE EVENT VIVIDLY I CANNOT REMEMBER EXACTLY MY COMS WITH CENTER. I FEEL SURE; HOWEVER; THAT I TOLD THEM OF THE SMA B PASSING OVERHEAD AT THE TIME IT HAPPENED. ASSUMING IT TOOK ME 4 MINS TO CLB FROM 11000 FT TO 12000 FT AND THE SMA B WAS GOING 80 MPH FASTER THAN I; IT WOULD HAVE BEEN 5.3 MI FROM ME WHEN I REACHED 12000 FT. 'RULES' SHOULD NOT BE PERMITTED TO INTERFERE WITH THINKING!

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