# Incident 20090210046819I: Boeing 767-259, Oceanic Airspac, February 10, 2009

- Type: FAA incident report (Accident/Incident Data System), as reported
- Date: February 10, 2009, 16:37 local time
- Place: Oceanic Airspac
- Damage: No damage
- Phase of flight: Cruise/Level Flight
- Operating rules: Foreign air carrier (Part 129)
- Operator: ANCF
- Aircraft: N986AN (not matched to a registry record)
- Reported make and model: BOEING 767-259
- Reported engine: P&W PW4000 SER
- Fatal injuries: 0
- Other injuries: 0
- Pilot certificates: Airline transport, unknown or foreign certificate
- Pilot flight hours: 15,558 total, 3,011 in this make and model, 205 in the last 90 days
- FAA source: FAA Aviation Safety Information Portal (https://asip.faa.gov/)
- Page: https://openairdocs.org/incident/20090210046819I

## Narrative

As the FAA filed it, in capitals; the FAA replaces private details with ^PRIVACY DATA OMITTED^.

NEW YORK OCEANIC AIR TRAFFIC CONTROL ISSUED AVIANCA FLIGHT 019 AN ENROUTE CLEARANCE TO CLIMB AND MAINTAIN 38,000 FEET (FL380).   AVIANCA FLIGHT 019 ACCEPTED THE CLIMB CLEARANCE TO FL380.  AVIANCA FLIGHT 019 ELECTED NOT TO IMMEDIATELY COMPLY WITH THE ACCEPTED AIR TRAFFIC CONTROL CLEARANCE AND INSTEAD REMAINED LEVEL AT FL370 DUE TO THE STRONG HEADWINDS THEY WERE ENCOUNTERING AT THE TIME.  AVIANCA DID NOT NOTIFY ATC OF THE DELAY OR REQUEST A DEVIATION FROM THE RECENTLY ACCEPTED CHANGE OF ALTITUDE CLEARANCE.  PILOT STATED THAT SINCE THE CLEARANCE DID NOT CONTAIN A TIME RESTRICTION, HE ASSUMED THAT COMPLIANCE WITH THE CLIMB CLEARANCE WAS AT HIS DISCRETION.

From the FAA Accident/Incident Data System. Reports are matched to registry aircraft by N-number and event date, checked against the reported make and model; the registry's history has gaps, so older matches can be wrong. Compare the reported make and model. For accidents, the NTSB's own investigation is the fuller record.

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