Date: 201211
Local time of day: 0001-0600
Location: ZDC.ARTCC, VA
Aircraft: B777-200
Operator: Air Carrier
Flight plan: IFR
Mission: Passenger
Flight phase: Cruise
Airspace: Class A ZDC
ATC / advisory: Center ZDC
Reporter organization: Government
Reporter function: Enroute
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Communication Breakdown; Situational Awareness
Anomaly: ATC Issue All Types; Airspace Violation All Types; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
Result: General None Reported / Taken
Contributing factors: Human Factors; Procedure
Primary problem: Procedure

Narrative: Tonight's event was a culmination of many months of working these sectors this year. I am not sure how ZNY 58/59 operated prior; but since we started working these sectors; I am continually appalled at N56 Kennedy High and N68 Dixie Sectors disregard of 7110.65 and SOP/LOA agreements! At least once a shift I see either N56 or N68 descend or turn in our airspace without coordination; run boundaries and/or completely violate our airspace without a point out or; if we get a point out; it is late and the aircraft is already in our airspace. I was working 58/59 combined. I could see a FL370 aircraft running the boundary between 19 and 58. This happens a lot and those aircraft are more than 3 miles of 58's airspace. But I look for them because most of those aircraft at this time at night are overseas European and beyond flights and many times I have seen N56 turn them early or run the northern CYN boundary without coordination; a point out or a phone call. So; I watched my boundaries because; as I said above; at least once a shift; CYN or SIE are violated by N56. Tonight this; Flight ABC took a hard right turn after RBV. I assumed initially that his turn would take him to run the northern boundary of CYN/SIE as they always do and maybe I would get a call and maybe not. My attention was diverted for a moment as I had some other things going on in the southern part of my sector and before I knew it; N56 was calling me saying 'point out'. At that moment I looked up and was very surprised to see that same limited code at FL370 headed SE on about a 150 heading and if he did not start a turn soon; would possibly be in conflict with an Air Carrier aircraft also at FL370 to PUT. I tried to reference the Air Carrier and understood that Flight ABC had taken a wrong turn as the controller indicated. I went on to other things and kept watching the code continue SE bound and not start a turn. I was getting worried so I called N56 again to ask him if the aircraft really was turning. His reply was we are doing all we can do. I asked him if he saw my other FL370 traffic and referenced the code again. His only reply was that his point out was at FL370 (obviously I knew that) and that when the aircraft turns; the aircraft would turn. There was no urgency. He would get to it when he would get to it even though he was 50 miles + into my airspace at this time. I turned the Air Carrier to a 090 heading and assured separation. But; it was not until I called N56 the second time that I finally saw any difference in the trajectory of the intruder code. I understand that accidents and mistakes happen especially when language barriers exist with English being a secondary language of some pilots. However; I believe that the continual rebel attitude and complacency of the N56 and N68 controllers that the rules do not apply to them significantly contributes to these incidents becoming more frequent and with possibly worsening results. As an example of this 'cavalier' attitude; another Air Carrier entered my airspace and ran the boundary of CYN/SIE eastbound. It was not until the aircraft had already violated me for approximately 10 miles that I finally got a phone call for a point out. I replied 'I guess so'. Again; this is just the way that these ZNY Controllers operate. This is not the first report I have submitted regarding their inability or unwillingness to follow the rules that they wouldn't think twice about forcing us to do should the tables be turned. Recommendation; Retrain all N56 and N68 controllers and managers and reprimand them when they do not follow the rules. I also believe that this is as management issue as well. If the managers allow this behavior; what is going to force a change in behavior? Are we not in a 'Safety Culture'??




Synopsis: ZDC Controller voiced concern regarding the continued airspace incursion events by ZNY Sectors.