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-   -   Joe Sharkey on Legacy Plane that hit Brazilian Airliner (https://www.flyertalk.com/forum/travel-news/607596-joe-sharkey-legacy-plane-hit-brazilian-airliner.html)

party_boy Oct 4, 2006 2:34 am

this guy should buy a lotto ticket!

Bouncer Oct 4, 2006 8:58 am

If the larger jet were ascending to a higher flight level from 35K that would certainly explain why they were aware of the embraer first and tried to maneuver around it. The nose of the smaller jet would simply have prevented the pilots from seeing directly below them and they would've been completely unaware (which seems to be the case here).

Regards,
-Bouncer-

dhuey Oct 4, 2006 9:30 am


Originally Posted by SDF_Traveler
...Sad to see the outrageous comments on Joe Sharkey's blog. Lots of hatred towards the USA, Joe Sharkey is accused of yellow journalism based on what he wrote in his personal blog, the pilots have been accused as killers, etc. With all this hate, I too am concerned about the pilots fate. ...

Let's hope that's just an online thing and not reflective of wider public opinion in Brazil.

I think it's reasonable to keep the pilots in Brazil during the investigation. It's quite possible they would have decided to leave Brazil and never return. While it's easy for me to say, I can't believe they'd face any prison time for negligence (and, of course, I have no idea if they were negligent).

justageek Oct 4, 2006 9:59 am

There's a very interesting thread on this incident at PPRUNE

http://www.pprune.org/forums/showthread.php?t=246031

(pointed out by a poster on a thread on this same topic on OMNI)

Depending on how much you believe in conspiracy theories, there may (or may not) be a lot more to this story than meets the eye. Just for starters (and it gets much more weird from here), how do we even know these two aircraft collided?

On a relatively unrelated note, I am very worried that the US pilots are not going to be given a fair shake by the Brazilian government. Not that the US government have a stellar track record for how it treats folks it picks up in foreign countries (!!!), but that's not really the issue here. If you read between the lines in what Sharkey has said, I think he's very concerned too.

thebug622 Oct 4, 2006 10:31 am


Originally Posted by Bouncer
If the larger jet were ascending to a higher flight level from 35K that would certainly explain why they were aware of the embraer first and tried to maneuver around it. The nose of the smaller jet would simply have prevented the pilots from seeing directly below them and they would've been completely unaware (which seems to be the case here).

Regards,
-Bouncer-

But the photos of the plane shows damage to the top portions of the wing and tail,so one might believe that they were lower

dhuey Oct 4, 2006 11:43 am


Originally Posted by justageek
...Just for starters (and it gets much more weird from here), how do we even know these two aircraft collided?...

For starters, the 737 went down in the same area, shortly after the smaller plane hit something substantial. That's a heck of a start.

But wait -- that's only what they want us to believe....

joer Oct 4, 2006 12:13 pm


Originally Posted by SDF_Traveler
Sad to see the outrageous comments on Joe Sharkey's blog. Lots of hatred towards the USA, Joe Sharkey is accused of yellow journalism based on what he wrote in his personal blog, the pilots have been accused as killers, etc.


Those comments weren't there when I posted this on Monday (apparently I found it right after it was posted).



Originally Posted by dhuey
Let's hope that's just an online thing and not reflective of wider public opinion in Brazil.

It's an online thing, where one bozo can make a lot of noise.

SDF_Traveler Oct 4, 2006 1:17 pm


Originally Posted by dhuey
Let's hope that's just an online thing and not reflective of wider public opinion in Brazil.

I think it's reasonable to keep the pilots in Brazil during the investigation. It's quite possible they would have decided to leave Brazil and never return. While it's easy for me to say, I can't believe they'd face any prison time for negligence (and, of course, I have no idea if they were negligent).

I raise question of it potentially being reflective of wider public opinion now that it's been announced the pilots are facing potential criminal prosecution for manslaughter (on Fox News this afternoon).

Typically it takes several months, if not longer in many cases to find all the causes of an air disaster. It's been about a week and Brazil is already talking of charging the pilots with manslaughter and bringing about a criminal prosecution.

I think it's reasonable the pilots stick around to assist, but if I were in the pilots shoes (knowing they could be held criminally responsible and face prison time), I would probably have thoughts about leaving the country too.

I also get the impression the Brazilian Authorities are turning this political and trying to find fault, especially since two American pilots were involved and survived. Will they get a fair go in Brazil? When Joe Sharkey made the comment about the pilots fate, I believe he had some real concern reading into the comments.

Anyone know if Boeing or if the NTSB has gotten involved with the investigation to "assist" the Brazilian authorities? I believe Boeing, at the very least would have an interest. It seems in Brazil, like many other nations, pilots can be held criminally responsible.

Several years ago there was a mid-air collision over Germany, IIRC. The aircraft were under control of a Swiss ATC centre where the controller made a mistake. The ATC controller was held criminally responsible for his mistake - but the ATC controller was eventually murdered by a distressed family member.

SDF_Traveler

themicah Oct 4, 2006 1:27 pm


Originally Posted by SDF_Traveler
Anyone know if Boeing or if the NTSB has gotten involved with the investigation to "assist" the Brazilian authorities? I believe Boeing, at the very least would have an interest. It seems in Brazil, like many other nations, pilots can be held criminally responsible.

I believe Sharkey's article said that both Boeing and the NTSB are getting involved. Boeing because the 737 is their product. The NTSB because the 737 is an American design and because the Embraer was registered in the US.

venice4504 Oct 4, 2006 1:51 pm

A family friend is one of Boeing's investigators. He is on his way to Brasil later this week. He has mentioned that he is "catch up" with some of his counterparts but wouldn't really say much more.

dhuey Oct 4, 2006 2:45 pm

Two political complications here: election runoff coming up soon in Brazil, and Embraer, a Brazillian company, would surely like very much to find that there was no technical flaw in its product.

l etoile Oct 4, 2006 3:44 pm


Originally Posted by SDF_Traveler
Several years ago there was a mid-air collision over Germany, IIRC. The aircraft were under control of a Swiss ATC centre where the controller made a mistake. The ATC controller was held criminally responsible for his mistake - but the ATC controller was eventually murdered by a distressed family member.

Not exactly. This August, a Swiss prosecutor filed manslaughter charges against higher-ups at Skyguide, the private company that provided the ATC services, for their involvement due to staffing problems, equipment issues, etc. The controller, Peter Nielsen, never faced criminal charges as the incompetence of Skyguide managers and equipment failures were determined to be the cause of the crash.

USAFAN Oct 4, 2006 3:55 pm


Originally Posted by letiole
Not exactly. This August, a Swiss prosecutor filed manslaughter charges against higher-ups at Skyguide, the private company that provided the ATC services, for their involvement due to staffing problems, equipment issues, etc. The controller, Peter Nielsen, never faced criminal charges as the incompetence of Skyguide managers and equipment failures were determined to be the cause of the crash.

Sad story:

Nielsen murder
Peter Nielsen was stabbed to death in front of his home in Zürich on February 24, 2004. A Russian man, Vitaly Kaloyev, was arrested within a few days. Kaloyev had lost his wife and both of his children; the three had been aboard Flight 2937.
http://en.wikipedia.org/wiki/Bashkir...es_Flight_2937

USAFAN Oct 4, 2006 4:07 pm


Originally Posted by dhuey
Two political complications here: election runoff coming up soon in Brazil, and Embraer, a Brazilian company, would surely like very much to find that there was no technical flaw in its product.

True ... but it looks like the pilots of the Embraer might have caused the accident ...

From NY Times:


The daily O Globo paper said the Legacy flew at 37,000 feet to the capital, Brasilia, but then ignored an order to descend to 36,000 feet to continue its flight to the Amazon city of Manaus. The Gol jetliner was flying at 37,000 feet from Manaus to Brasilia en route to Rio de Janeiro.

The damaged executive jet safely landed at a nearby air force base after the incident.

The pilots, who have been questioned by Mato Grosso investigators, were brought to Rio de Janeiro on Tuesday for routine physical tests. They were not injured in the incident.

The Legacy had been making its inaugural flight to the United States, where it had been purchased by an American company, said its manufacturer, Embraer.

Air force commander Gen. Luis Carlos Bueno also said the Gol flight, a brand-new Boeing 737-800, had a flight plan for 37,000 feet and the Legacy jet was authorized to fly at 36,000 feet, according to an interview Tuesday with Brazil's government news service Agencia Brasil.....
...Christine Negroni, an investigator for the aviation law firm Kreindler & Kreindler of New York, said in an e-mail that under international guidelines the Legacy should not have been at an odd-numbered altitude because it was heading northwest.
''All westbound flights fly at even numbers with 1,000 feet separation. East bound flights fly at odd numbers, same 1,000 separation,'' she said. ''Since the American pilots were flying northwest, they should not have been at 37,000 since that's odd.''.....


l etoile Oct 4, 2006 5:50 pm

From the NYTimes:

Legacy should not have been at an odd-numbered altitude because it was heading northwest.
''All westbound flights fly at even numbers with 1,000 feet separation. East bound flights fly at odd numbers, same 1,000 separation,'' she said. ''Since the American pilots were flying northwest, they should not have been at 37,000 since that's odd.''.....
Very frequently, planes are allowed to fly at the "wrong" altitude for a variety of reasons. I flew all across Canada at the "wrong" altitude recently. We changed when we started getting to a more congested area. I know controllers who use the "wrong" altitudes frequently. The flight plan doesn't really matter either. What matters is what altitude ATC told the plane to be at.

I am curious if they only had primary radar on the private plane and the transponder was turned off. If the controllers saw the altitudes on both planes and saw them coming together, surely they could have (would have) issued directions to the 737, even if not in radio contact with the other plane.

This is just curiosity, speculation and things my ATC husband and I were wondering about over breakfast today. It will be interesting to find out what the tapes reveal.


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