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Runway Incursion Reported at LAX

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GVFlyer

Well-known member
Joined
Feb 22, 2002
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Runway Incursion Reported at LAX

4 hours ago

LOS ANGELES — Two airliners came within 8,000 feet of each other on a Los Angeles International Airport runway after an air traffic controller miscommunicated with the pilots, authorities said.


The runway incursion Wednesday night involved an American Airlines plane arriving from Mexico and a Mexicana Airlines plane preparing for takeoff. The arriving plane, an MD-80 from San Jose del Cabo, had just landed on the outer runway and was about to cross the inner runway, where an Airbus A319 was about to take off for Morelia, Mexico, according to Federal Aviation Administration spokesman Ian Gregor.


The traffic controller told the American Airlines pilot to stop before crossing the inner runway, Gregor said. The pilot apparently misheard the direction and read back that he would go ahead and cross the runway. The controller did not catch the pilot's statement and cleared the Mexicana flight for takeoff before realizing that the American Airlines jetliner was about to roll onto the runway, the FAA said.


The controller immediately told both pilots to stop. No injuries were reported.


"We're logging this as a controller error and not a pilot error because the burden is on the controller to ensure that the pilot's read-back is correct," Gregor said.(Italics added)


The controller will undergo more training, authorities said.
Meanwhile, aviation officials in Illinois reported two errors in which airplanes flew too close to each other Thursday. Federal Aviation Administration spokesman Tony Molinaro said the planes were not in danger of colliding in either case.


In one error at the FAA's Chicago Center radar facility in Aurora, traffic controllers gave clearance to an American Airlines plane coming from O'Hare International Airport and another plane heading to Milwaukee, but one of the pilots did not follow instructions, Molinaro said. The planes passed 4.17 miles away from each other near Goshen, Ind.; the recommended distance is five miles.


The same day, controllers improperly directed a Boeing 757 flown by United Airlines and another flown by American to fly 2.8 miles apart as they prepared to land one after the other at O'Hare, Molinaro said. The standard distance in that situation is four miles.


(This version corrects that the Illinois encounter involved an American jet leaving O'Hare, not approaching it.)




I italicized FAA spokesman's Gregor's statement because it seems to be a rather dramatic restatement of the 1999 FAA interpretive ruling on ATC Compliance. I will requote it here.




AVIATION PRACTICE BULLETIN
APRIL 12, 1999​
FAA Interpretive Ruling on Compliance with ATC Clearances

On April 1, 1999, the Federal Aviation Administration published in the Federal Register an Interpretive Ruling that reacts to a line of cases decided by administrative law judges from the National Transportation Safety Board concerning pilot compliance with air traffic control instructions.

In the Interpretive Ruling, the FAA restates its long-held policy that it is a pilot’s duty to listen attentively to and comply fully with all ATC instructions and that read-backs, even if incorrect and not corrected by the controller, do not excuse errors that result from not hearing or complying fully with an instruction. In cases beginning with Administrator v. Frohmuth, the NTSB has excused pilot errors in cases where pilots gave incomplete or incorrect read-backs which were not corrected by controllers. In the FAA’s opinion, these NTSB decisions substitute a duty to accurately and fully read back instructions for a duty to listen attentively and comply.

The FAA Interpretive Ruling states that this line of NTSB cases incorrectly interpret FAA regulations, which the FAA believes do not provide a shield from liability to a pilot who reads an instruction back improperly or incompletely and does not receive a correction from the air traffic controller. The Ruling further states that the FAA may consider the fact that the pilot gave a full readback in deciding the appropriate sanction for a violation of an air traffic instruction or clearance if, under the circumstances, the controller reasonably could have recognized the pilot’s error in receiving or interpreting the instruction or clearance and corrected it but failed to do so. The mere act of reading back does not, according to the FAA, shift the burden to the controller and cannot insulate the pilot from his or her primary responsibility under part 91.123 of the FARs to listen attentively, hear accurately, and construe reasonably a controller’s instructions.



Comments?



GV




~
 
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In one error at the FAA's Chicago Center radar facility in Aurora, traffic controllers gave clearance to an American Airlines plane coming from O'Hare International Airport and another plane heading to Milwaukee, but one of the pilots did not follow instructions, Molinaro said. The planes passed 4.17 miles away from each other near Goshen, Ind.; the recommended distance is five miles.

Where in the 7110.65 say that seperation standards are recommended?
 
It should be the controller's responsibility to make sure that the readback is accurate. Many ATIS messages include a provision similar to "all readbacks of runway hold short instructions are required." The controller should, therefore, closely monitor the readback of such an instruction.

However, if the readback was correct, but the pilot still did not comply with the instructions, then it clearly is pilot error.
 
You're right. That's the way it should me, but by virtue of stare decisis in administrative law (Administrator v. Merrell et.al), that is not the way it is.

I have highlighted the important segments from the FAA's Interpretive ruling listed in my original post for your better understanding.

In the Interpretive Ruling, the FAA restates its long-held policy that it is a pilot’s duty to listen attentively to and comply fully with all ATC instructions and that read-backs, even if incorrect and not corrected by the controller, do not excuse errors that result from not hearing or complying fully with an instruction.


GV
 
You're right. That's the way it should me, but by virtue of stare decisis in administrative law (Administrator v. Merrell et.al), that is not the way it is.

I have highlighted the important segments from the FAA's Interpretive ruling listed in my original post for your better understanding.

In the Interpretive Ruling, the FAA restates its long-held policy that it is a pilot’s duty to listen attentively to and comply fully with all ATC instructions and that read-backs, even if incorrect and not corrected by the controller, do not excuse errors that result from not hearing or complying fully with an instruction.


GV

Listening attentively to and complying with all ATC instructions are indeed one of a pilot's main responsibilities. However, just like air traffic controllers, pilots are humans and humans make mistakes.

Readbacks are supposed to be closely monitored solely for the purpose of safety; to prevent a disaster from happening.

I am not defending either position. I think both parties share an equal amount of blame, and no one should be singled out. Even if the pilot thought he/she heard correctly, he/she still has a responsibility to make sure no other planes will be crossing his/her path.

On a side note, the FAA should be focusing on "why" those incidents happen daily, instead of wasting time trying to figure out who is to blame. The underlying cause(s) need(s) to be addressed now before a disaster occurs.
 
I am not defending either position. I think both parties share an equal amount of blame, and no one should be singled out. Even if the pilot thought he/she heard correctly, he/she still has a responsibility to make sure no other planes will be crossing his/her path.

There is no other position. The Washington courts have ruled that if you hear the clearance wrong, read it back wrong and ATC confirms your wrong readback, it's still your fault and an enforcement action will take place.

I read my AOPA magazine. ;):laugh:


_SkyGirl_
 
LAX seems to be the hotspot for incursions lately. Be careful out there folks!! A few months before this one Air Canada tried to do the same thing.
 

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