PA31 FLC OBTAINS IFR CLRNC IN THE AIR FROM ZNY CTLR AS UNABLE TO ESTABLISH RADIO CONTACT ON THE GND. ACFT IS ABOVE THE ALT ASSIGNMENT. DSNDS TO CLRED TO ALT.

Narrative

ON JAN/XX/97 WE WERE OPERATING OUT OF N97. THE DAY WAS VFR WITH CAVU. WE WERE UNABLE TO CONTACT ZNY FOR OUR CLRNC ON THE GND. WE HAVE OPERATED OUT OF THIS FIELD MANY TIMES AND THIS WAS THE FIRST TIME WE WERE UNABLE TO CONTACT THEM. WE DEPARTED N97 VFR AND CONTACTED ZNY RIGHT AWAY. THEY TOLD US; DUE TO TFC AT 5000 FT; THEY COULD NOT GIVE US OUR CLRNC YET. WE REPLIED WE WOULD CONTINUE VFR UP TO 9500 FT. WE WERE CURRENTLY OUT OF 3000 FT. ZNY GAVE US A SQUAWK CODE AND ASKED OUR POS. WE RPTED OUR POS. AT THIS POINT WE ARE CLBING OUT OF 6000 FT. ZNY CAME BACK AND GAVE US A FULL RTE CLRNC WITH NO NOTICE OF A FULL RTE COMING. THE ALT ASSIGNED WAS 8000 FT. I WAS LISTED AS PIC ON THE FLT PLAN. MY COPLT WAS FLYING. AT THE TIME I WAS RUNNING THE RADIOS. BY THE TIME I GOT THE CLRNC CORRECT WE WERE OUT OF 8000 FT. ZNY CAME BACK ON THE RADIO AND SAID THAT OUR ASSIGNED ALT WAS 8000 FT. AT THIS POINT WE WERE OUT OF 8700 FT. WE IMMEDIATELY DSNDED TO 8000 FT. UPON REACHING 8000 FT WE WERE THEN ASSIGNED 9000 FT. I FEEL THE PROB WAS CAUSED BY CREW FAILURE TO COMMUNICATE. I FEEL CTR IS PARTLY TO BLAME IN NOT PROPERLY ADVISING US OF LENGTH OF CLRNC. THIS FLT WAS OPERATED UNDER FAR PART 135.