B A R R Y wrote:
On Wed, 21 May 2008 08:22:33 -0500, Gig 601Xl Builder
wrote:

B A R R Y wrote:
On Tue, 20 May 2008 17:42:38 -0500, "Steven P. McNicoll"
wrote:

Have you seen anything which prohibits such discussions? Have you seen
anything which prohibits one pilot from surrendering the right-of-way
granted by FAR 91.113 to another pilot?


I've surrendered my ROW via a two way conversation. I hope I haven't
broken any regs. G

While you might have surrendered ROW via radio I doubt the FAA will find
that it relieved the other pilot from his responsibility under the regs.


Possibly...

But I'm still not landing if I can't see him.

Fully agreed but since we weren't there and didn't see what the pilots
involved saw we can only use this accident as a starting place for a
hypothetical discussion and hopefully learn something from it.

There are a few facts though. Considering what we know or at least think
we know the Cherokee had the ROW. The regs give it to him. No where do
the regs give a pilot on CTAS the authorization to give away the ROW.

Given that, the Stinson pilot can be found at fault for violation of
91.113.

Now we get to the Cherokee pilot. He THOUGHT he negotiated away the ROW.
The fact that he didn't makes no difference. But it does prove that he
knew there was another airplane down there and that alone should have
made him hyper-observant. So the FAA have a real good case against him
for reckless and careless.

What should have happened in all this was the Cherokee and the Stinson
pilots thought the Stinson had time to take the runway and take-off and
that's what they tried. The Stinson pilot lost sight of the Cherokee and
knew he would the moment he took the runway. Before the Cherokee loss
sight of the Stinson (which high wing and low wing had nothing to do
with it was the nose of the Cherokee that was in the way) the Cherokee
should have broken off the approach.

If for some reason I can't think of they never had each other in sight
or especially if the Cherokee never had the Stinson in sight the
Cherokee should have broken off the approach if he had any reason to
think the Stinson was on the runway.