Air carrier flight crew reported Las Vegas TRACON (L30) gave a pilot deviation despite the flight crew adhering to the previous assigned speed of the Los Angeles Center (ZLA). Upon landing and later speaking to a Las Vegas TRACON representative; the flight crew learned that the TRACON facility was using pilot deviations to get the Center's attention to fix an issue where the latter was handing off aircraft at incorrect speeds.

Date: 2024-03 · Aircraft: Commercial Fixed Wing · Phase: descent

Anomalies: atc-issue-all-types|deviation-discrepancy-procedural-published-material-policy|inflight-event-encounter-other-unknown

Synopsis

Air carrier flight crew reported Las Vegas TRACON (L30) gave a pilot deviation despite the flight crew adhering to the previous assigned speed of the Los Angeles Center (ZLA). Upon landing and later speaking to a Las Vegas TRACON representative; the flight crew learned that the TRACON facility was using pilot deviations to get the Center's attention to fix an issue where the latter was handing off aircraft at incorrect speeds.

Narrative

For the latter half of this flight to LAS we were given an assigned speed for metering of .76 MACH; then to 270 kt.; and finally 280 kt. We were given the increase from 270 to 280 kt. while being handed off from LA Center to Las Vegas Approach Control. Upon checking in with Approach Control; my FO (First Officer) and I noticed that we were approaching the fix PEHTY which has a speed of 250 kt. However; we were adhering to the previously assigned speed of 280 from LA Center. The Controller abruptly and angrily gave us a heading; speed; and altitude to fly AND gave us a phone number to call for a pilot deviation. When asked why; the Controller said this was their only way to get LA Center's attention because they were constantly sending aircraft at too high of a speed into Las Vegas airspace. This was highly distracting; inappropriately timed; and extremely unprofessional on the part of the Controller. Pilots should only be notified of a violation once they are safely on the ground. I called the phone number and spoke with a supervisor. He reiterated that this was indeed what they are doing to get LA Center's attention as all other methods have been unsuccessful. I was also told that we are not the only ones they have done this to. They are doing this to 3 - 4 aircraft PER DAY.Flying the assigned speed of 280 from LA Center as told. There has to be another way for the FAA to work out their differences between LA Center and Las Vegas Approach Control other than violating pilots. I feel that we should be left out of the equation.

Second reporter narrative

During the RKSTR 3 Arrival into LAS; Los Angeles Center began stepping us down in altitudes and assigned a speed of 270 kt.; then subsequently a speed of 280 kt. a few minutes later for spacing." My understanding of our current clearance was to descend via the arrival except maintain 280 kt. Los Angeles Center then handed us off to LAS Approach. The Captain; pilot flying; and I were aware that we were rapidly approaching the PEHTY fix with a published 250-kt. constraint; and we discussed whether it applied in this scenario or not; especially since we were still well above 10;000 ft. We were both under the impression that Los Angeles Center needed us to keep the speed up for traffic management as the controller had previously indicated. Furthermore; by this time we were so close to PEHTY that it likely would have been impossible to slow the aircraft from 280 to the 250 kt. constraint while also descending to meet the altitude constraint.Since we were in the frequency handoff process; we elected to obtain clarification from the new ATC Controller. Due to task priorities and frequency congestion; we passed PEHTY before I; pilot monitoring; could check in with the new Controller. At the soonest opportunity; I checked in with LAS Approach; and I additionally emphasized "280 assigned speed" to prompt them for clarification. I intended to use plain English if this did not suffice. Without any hesitation or opportunity to resolve the discrepancy; LAS Approach immediately assigned us a slower speed and a vector off the arrival course; informed us of a possible pilot deviation; and instructed us to copy a phone number. When the Captain inquired of the reason for this alleged deviation; LAS Approach indicated there is a trend of aircraft being handed off from Los Angeles Center to them at incorrect speeds; and that LAS TRACON has elected to use the pilot deviation process as a tool to remedy this trend of alleged misunderstanding between the two ATC agencies; and between ATC and flight crews.After ensuring a safe arrival and landing; and after completing all post-flight duties; the Captain and I participated in a phone call with LAS TRACON to discuss the scenario. The LAS TRACON representative reiterated the same narrative of a trend of aircraft being handed off by Los Angeles Center at incorrect speeds. This occurs almost daily among various commercial operators. Furthermore; he verbalized not knowing "what else to do" to get Los Angeles Center's attention (paraphrased) to remedy this discrepancy between the two agencies; and LAS TRACON has now elected to use the pilot deviation process as one method to obtain resolution.I wholeheartedly believe that using a pilot deviation is an unacceptable; unfair and extremely unprofessional method to resolve the root cause of an obvious disparity between ATC agencies. We are professional pilots who have dedicated our lives to the pursuit of excellence; and who understand the meaning of "descend via" and "climb via." Our FOM and training programs build upon this by ensuring we are prepared to execute these procedures as part of qualification and re-currency. Thus; we routinely execute these procedures without fail; often multiple times per day; on almost every flight when part of a published SID or STAR. This specific scenario feels like a trap. While trying to comply with the controller's intent; and due to ongoing dispute between two ATC agencies; now flight crews are set up for potential violation. Surely there must be more appropriate avenues to resolve this; such as working groups; committees; or liaison dialogue between the two agencies.I believe the fact that Los Angeles Center needed and assigned altitudes and speeds other than as published on the arrival was a causal factor. We know what the intent of a "descend via" clearance is when it is given with no ambiguity; but when combined with assigned altitudes and speeds; it can lead to a confusing situation in a dynamic environment. Also; frequency congestion and ATC controller handoff at a "choke point" such as PEHTY are causal factors; in my opinion; due to limited time and ability to obtain clarification.First and foremost; the disparity between Los Angeles Center and LAS TRACON must immediately be resolved. This is the root cause of this scenario. Immediate resolution is crucial via more appropriate methods other than compiling multiple pilot deviations on multiple commercial operators. In general; I believe standard phraseology should be adopted to remedy and prevent this scenario. No matter what location or published arrival; I recommend something like "cancel previously assigned speed; descend via..." will eliminate any ambiguity in this situation. I am fully aware that is what "descend via" is meant to convey; but it is NOT sufficiently concrete in my opinion when you consider that we had just been given varying altitudes and speeds contrary to "as published." Clearly I'm not alone; as the Las Vegas TRACON representative indicated this is a continuing and increasing trend among various operators into LAS."

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