LEGAL EAGLE

by

Charles M. Finkel, Esq.


"Collision Avoidance"


The First Officer calls "runway in sight." You glance up from the gauges of the Beech 1900 commuter aircraft you are commanding, and realize you have broken under the overcast, and visibility is a good 10 miles plus. Runway 13 lies directly ahead, and is a welcome sight; It's been a long day, with several delays. The co-pilot depresses the push to talk switch on the yoke, and broadcasts your position on the straight-in approach. No other aircraft are in sight in the air around the uncontrolled field, but it appears a few aircraft are holding for take-off on runway 4, the crossing runway. Although you could break off the straight in approach, and commence a turn to the left downwind for runway 4, that which appears to be the "active" runway, you continue with the straight-in since it will mean less taxi time on the ground, and a quicker end to the flight. Everything goes smoothly until touchdown, when you glimpse something moving to your right. It's another Beech turbo-prop commencing the take-off roll. "What's that fool doing," you shout out to the co-pilot, as you apply full braking. Despite your best efforts, you cannot stop the fully loaded commuter liner before the runway intersection. It looks like the King Air is veering off to the right, maybe there is a chance to avoid a collision. But such optimistic thoughts turn out to be wishful thinking as the two planes smash into each other. You survive the impact, and begin shouting to a would be rescuer to get everyone out of the tangled wreckage. But before he can get to you and the other passengers, the crippled plane explodes, killing all on board.
While this scenario might not be 100% accurate, based upon reports and articles reviewed thus far, it seems fairly close to what occurred at Quincy, Illinois' municipal airport on November 19, 1996 when two planes collided at the intersection of runways 13 and 04. The spectacle of two planes erupting into fireballs after ramming into each other at an airport with no control tower, especially when one of the aircraft is a commuter, is certain to raise eyebrows in Congress, not to mention attract a gathering of media remoras. Operations at uncontrolled fields are generally safe. Pilot's adhere to rules, etiquette, and common sense. It is when aberrations to the norm occur that accidents can and do happen.
One way to assure conformity is to abide by the rules. With regard to uncontrolled airports, FAR 91.111 states:

As to traffic patterns, FAR 91.127 states:


An excellent reference for safe pilot practices are the FAA Advisory Circulars. AC 90- 42F discusses Traffic Advisory Practices at Airports Without Operating Control Towers. As stated therein:


Among the traffic advisory practices are:


In some metropolitan areas with numerous uncontrolled airports all utilizing the same CTAF, it may be very difficult to transmit position, or hear the position reports of other aircraft. Frequently I will be monitoring 122.8 or 122.9 and listen in on communications best left to the ground. Pilots will be using up the frequency with irrelevant chatter and babble, which could interfere with the transmission of valuable and necessary reports from aircraft in or near a particular pattern. These frequencies should be left open for, and solely utilized for, appropriate traffic advisory practices.
Even pilots not landing at an uncontrolled airport, but operating near them, should carefully monitor the CTAF and provide appropriate position reports within the 10 mile radius. I am presently involved in litigation involving a midair collision which occurred within 3 miles of an uncontrolled airport. A Cessna 206 was performing 360 degree turns to the left at an altitude of about 1000' agl for the purpose of aerial photography. He was doing so just about at the location where other aircraft would be expected to enter the traffic pattern at a 45 degree angle. A student pilot on a solo cross-country flight was doing just that in a Piper Warrior. There are no witnesses who have come forth advising they heard or did not hear transmissions over the unicom frequency from either of these pilots. However, one would expect a student pilot to do what has been freshly ingrained in his training, and monitor and broadcast over the CTAF. The planes collided, and three people perished. This is the type of accident that proper traffic advisory techniques are meant to prevent.
AC 90-66A pertains to Recommended Standard Traffic Patterns and Practices for Aeronautical Operations at Airports Without Operating Control Towers. General operating practices described therein directly apply to the Quincy, Ill. collision.


While accidents may not always result from failure to obey proper traffic pattern practices, FAA enforcement actions may. A Pitts pilot received a 180 day suspension after being charged with colliding with another aircraft while on short final to a Ramona, California airport runway. He had followed a normal traffic pattern and had been reporting his position. A Citabria occupied by instructor and student was also in the pattern. When the Citabria was 100 feet from the approach end and at about 50 agl, the Pitts, while executing a forward slip, struck from above and severed the Citabria's tail. Both occupants of the Citabria sustained serious injuries. The captain of an American West Boeing 737 had his ATP suspended for 30 days after causing a potential collision at an uncontrolled field in Durango, Texas. He entered runway 20 for takeoff when a small plane was on short final for runway 02. The pilot of a Cessna crop duster received a 30 day suspension when he cut in front of a student and instructor in a Cessna 152 at an uncontrolled field near Paris, Texas. The captain of a commuter flight had been holding short of the active runway at an uncontrolled field in North Carolina. A Piper Lance was on an instrument approach and had been announcing his intentions over the CAF. Rather than land straight-in, the Lance pilot flew over the airport and entered a downwind leg. The commuter pilot stated he last saw the lance downwind, and then entered onto the active for takeoff. The Lance pilot stated when the commuter rolled onto the runway, he was on short final, and a go-around was necessitated. The commuter pilot got a 45 day suspension. An Alaska Airlines 727 pilot had his license suspended for 25 days after making a non-standard right turn to final. Another pilot received a 15 day suspension for making right turns at an airport with a standard left hand pattern.
As one can see, the FAA takes seriously non-compliance with rules and regulations concerning traffic patterns, and proper communications. Prevention of accidents such as that which occurred at Quincy, Illinois are the reason why. Fourteen people died a miserable and unnecessary death because rules and proper procedures were not being followed. Pilots complain endlessly about how complicated flying has become, and how many restrictions there are. Well, if we are to maintain the last bastion of freedom in the air - VFR - we must use careful vigilance techniques, and follow safe traffic avoidance practices.


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Charles M. Finkel is an attorney specializing in aviation law with offices in Beverly Hills, California. Owner of a Beechcraft Debonair and co-pilot on the B-25 Heavenly Body, Charles M. Finkel has been a licensed pilot for 30 years and has ATP, CFI, CFII, CFIMEL, and Glider licenses. He is a monthly contributor to Air Progress and Flying Career magazines. If you have any legal questions, please call 213.655.9989 or contact me at clfinkel@earthlink.net

 

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