On Thu, 28 Jun 2007 23:10:28 GMT, Dallas
wrote in
:

On Thu, 28 Jun 2007 22:38:47 GMT, Larry Dighera wrote:

It's worse than that. It's down right dangerous!

It was dangerous. "hold November"

Was it just me or did it sound like the pilot was trying to BS his way
through the readback unwilling to admit that he didn't understand the word
"question"?

To me, it sounded like the only English the person speaking on the
radio aboard the China Airlines flight was able to recognize was the
ICAO phonetic alphabet, and the words contained in the
Pilot/Controller Glossary, but he was totally unable to comprehend
ATC's questions and instructions. Granted the controller was speaking
normally as he would to someone who understood English. I doubt it
would have helped if the China crew requested "speak slower", because
they didn't seem to be able to understand the English grammar nor the
meaning of the rest of the words spoken by ATC.

That person obviously isn't able to speak and understand English,
therefore they are in violation of the ICAO regulation equivalent to
91.711(c)(3):


http://ecfr.gpoaccess.gov/cgi/t/text... .1.3.10.8.7.8
§ 91.711 Special rules for foreign civil aircraft.
top
Link to an amendment published at 72 FR 31679, June 7, 2007.

(a) General. In addition to the other applicable regulations of this
part, each person operating a foreign civil aircraft within the United
States shall comply with this section.

(b) VFR. No person may conduct VFR operations which require two-way
radio communications under this part unless at least one crewmember of
that aircraft is able to conduct two-way radio communications in the
English language and is on duty during that operation.

(c) IFR. No person may operate a foreign civil aircraft under IFR
unless—

(1) That aircraft is equipped with—

(i) Radio equipment allowing two-way radio communication with ATC when
it is operated in controlled airspace; and

(ii) Radio navigational equipment appropriate to the navigational
facilities to be used;

(2) Each person piloting the aircraft—

(i) Holds a current United States instrument rating or is authorized
by his foreign airman certificate to pilot under IFR; and

(ii) Is thoroughly familiar with the United States en route, holding,
and letdown procedures; and

(3) At least one crewmember of that aircraft is able to conduct
two-way radiotelephone communications in the English language and that
crewmember is on duty while the aircraft is approaching, operating
within, or leaving the United States.

(d) Over water. Each person operating a foreign civil aircraft over
water off the shores of the United States shall give flight
notification or file a flight plan in accordance with the
Supplementary Procedures for the ICAO region concerned.

(e) Flight at and above FL 240. If VOR navigational equipment is
required under paragraph (c)(1)(ii) of this section, no person may
operate a foreign civil aircraft within the 50 States and the District
of Columbia at or above FL 240, unless the aircraft is equipped with
distance measuring equipment (DME) capable of receiving and indicating
distance information from the VORTAC facilities to be used. When DME
required by this paragraph fails at and above FL 240, the pilot in
command of the aircraft shall notify ATC immediately and may then
continue operations at and above FL 240 to the next airport of
intended landing at which repairs or replacement of the equipment can
be made. However, paragraph (e) of this section does not apply to
foreign civil aircraft that are not equipped with DME when operated
for the following purposes and if ATC is notified prior to each
takeoff:

(1) Ferry flights to and from a place in the United States where
repairs or alterations are to be made.

(2) Ferry flights to a new country of registry.

(3) Flight of a new aircraft of U.S. manufacture for the purpose of—

(i) Flight testing the aircraft;

(ii) Training foreign flight crews in the operation of the aircraft;
or

(iii) Ferrying the aircraft for export delivery outside the United
States.

(4) Ferry, demonstration, and test flight of an aircraft brought to
the United States for the purpose of demonstration or testing the
whole or any part thereof.

[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt.
91–227, 56 FR 65661, Dec. 17, 1991]