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#21
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Collision alert!
On Wed, 16 Aug 2006 03:13:56 +0000 (UTC), Alan Gerber
wrote in : Larry Dighera wrote: If he was less than 3,000' AGL, he was in compliance with the hemispherical regulation, and being on your left, he had the right-of-way. That doesn't sound right, er, correct. Wouldn't the aircraft on the right have the right of way? Oops. Of course you are correct about the aircraft on the right having the right of way. 4,500' would be an appropriate altitude for a westbound VFR aircraft. Yes, except the OP was at an altitude assigned by Departure in the Class B airspace. I had failed to infer from Mr. Copeland's narrative, that both aircraft were within Class B airspace at the time. His later follow up post confirmed that fact. What do you feel the other pilot did wrong? Fly NORDO in Class B airspace? ... Alan While operating within Class B airspace without an operative transponder is possible (I've done it), I believe it is also possible to operate NORDO if prior arrangements have been made or if radio failure should occur while cleared in Class B airspace. So, while it is likely the unidentified aircraft was in violation of regulations, there does exist a possibility he was legally operating NORDO in Class B airspace. Thanks for your input. |
#22
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Collision alert!
On 15 Aug 2006 21:09:51 -0700, "tjd" wrote in
.com: Larry Dighera wrote: If he was less than 3,000' AGL, he was in compliance with the hemispherical regulation, and being on your left, he had the right-of-way. that's backwards, the OP had the right of way: Yes. As Alan Gerber wrote in , it would appear, that Mr. Copeland's aircraft did indeed have the right-of-way by virtue of being to the right of the NORDO aircraft. However that has nothing to do with the hemispherical regulation. 91.113 (d) Converging. When aircraft of the same category are converging at approximately the same altitude (except head-on, or nearly so), the aircraft to the other's right has the right-of-way. From the story, it sounds like both pilots saw each other and both were trying to take evasive action, but they kept getting unlucky and making corresponding maneuvers. So, it's not clear if the guy violated any right of way rules. Please explain how taking evasive action relieves the PIC from complying with right-of-way regulations. Was he definitely in class B without a clearance? I had failed to infer from Mr. Copeland's narrative, that they were within Class B airspace at the time, but he confirmed that fact in a follow up message. It is likely the NORDO aircraft was not operating on a clearance in Class B airspace, but that fact has not been conclusively established. |
#23
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Collision alert!
there does exist a possibility he was legally operating NORDO in Class
B airspace. I'd imagine that if he were legally operating NORDO in the Bravo, that the controller would know about it. My impression from the story is that it took the controller by surprise too. Jose -- The monkey turns the crank and thinks he's making the music. for Email, make the obvious change in the address. |
#24
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Collision alert!
Larry Dighera wrote:
Please explain how taking evasive action relieves the PIC from complying with right-of-way regulations. The first part of the rule regarding right-of-way, states you should sea and avoid. With the exception of overtaking from the rear and approaching head-on, the rules don't state any particular behavior to take to avoid, other than the aircraft without the right of way shall manouver to pass well clear. Unlike nautical rules, there's no concept of the privileged vessel standing on (i.e., maintaining course and speed). O |
#25
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Collision alert!
On Wed, 16 Aug 2006 14:44:35 +0000, Larry Dighera wrote:
On 15 Aug 2006 21:09:51 -0700, "tjd" wrote in .com: Larry Dighera wrote: If he was less than 3,000' AGL, he was in compliance with the hemispherical regulation, and being on your left, he had the right-of-way. that's backwards, the OP had the right of way: Yes. As Alan Gerber wrote in , it would appear, that Mr. Copeland's aircraft did indeed have the right-of-way by virtue of being to the right of the NORDO aircraft. However that has nothing to do with the hemispherical regulation. 91.113 (d) Converging. When aircraft of the same category are converging at approximately the same altitude (except head-on, or nearly so), the aircraft to the other's right has the right-of-way. From the story, it sounds like both pilots saw each other and both were trying to take evasive action, but they kept getting unlucky and making corresponding maneuvers. So, it's not clear if the guy violated any right of way rules. Please explain how taking evasive action relieves the PIC from complying with right-of-way regulations. Was he definitely in class B without a clearance? I had failed to infer from Mr. Copeland's narrative, that they were within Class B airspace at the time, but he confirmed that fact in a follow up message. It is likely the NORDO aircraft was not operating on a clearance in Class B airspace, but that fact has not been conclusively established. I would say it is far, far, far more likely he did not have clearance. Weather was in the area. As were lots of planes. They were busy. It took me a while to get clearance to simply enter. On top of that, his flight path would have him traveling past the depature end of DFW. I have a really hard time imagining them letting a NORDO, no squawking aircraft, enter class B at this time when he could be flying under the shelf ( 3000) or gone south a little to be flying 4000'. Especially in light of the fact that denial for VFR, to enter class B, is not terribly uncommon. Greg |
#26
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Collision alert!
it would appear, that Mr. Copeland's
aircraft did indeed have the right-of-way by virtue of being to the right of the NORDO aircraft. I'm a little confused here. The encounter was head-on or nearly so, no? And the right of way rules apply to non-head-on approaches. So, how did you "turn to pass behind" somebody who was nearly head on? Jose -- The monkey turns the crank and thinks he's making the music. for Email, make the obvious change in the address. |
#27
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Collision alert!
On Wed, 16 Aug 2006 08:17:59 -0500, Greg Copeland
wrote in : On Tue, 15 Aug 2006 21:09:51 -0700, tjd wrote: From the story, it sounds like both pilots saw each other and both were trying to take evasive action, but they kept getting unlucky and making corresponding maneuvers. So, it's not clear if the guy violated any right of way rules. Was he definitely in class B without a clearance? ~20min, assuming ~40nm south of KDTO looks like you could be clear or under the 4000MSL shelf at that point? [...] We were on the south side of Dallas, well within class B. I was flying at the **assigned** altitude, as indicated by the story. We were not under the 40000 shelf....I had checked the GPS only moments before. We were in the 3000' shelf; squarely placing both of us *within* class B's 3000' shelf. I just went back and verified on my GPS we were *in* the 3000' shelf. Based on the voice's tone on the radio, I did get the impression he was not supposed to be there but that's hardly authorative. He did say he was not squawking ("with no squawk"), which also makes me think he was not suppose to be there. If the NORDO aircraft's transponder was not in operation, it begs the question, how did ATC know its altitude? It is possible the controller's "with no squawk" statement may have meant the NORDO aircraft was not squawking an assigned beacon code, but 1200 or 7600, or, more likely, it could have meant there was no beacon being transmitted from the NORDO aircraft. ATC's statement is a bit ambiguous. Would it make you feel better if I said it happened about 15-minutes into flight. [?] I had throttled back waiting for clearance. It would have made the situation much clearer if you had definitely stated that both aircraft were within Class B airspace. Shesh. I think some may be over analyzing...a lot! How is over analysis possible? The prudent pilot considers as many factors as possible, right? I also read several posts which seem to assert I yielded PIC authority. That is your inference. That notion may have been implicit in my citing the PIC's responsibility for controlling his flight, but ... I dumbfounded as to how anyone could come to that conclussion. I did not mean to imply that you had actually "yielded PIC authority," but your statement: Not wanting to compound the situation in the event other traffic was near I asked if they wanted me to climb or descend. could be construed as expecting the controller to provide instructions for you to evade the other aircraft. While the section of FAA Order 7110.65 I cited does indicate that the controller could provide such instructions as part of the alert, it is the PIC who is in command of the flight. I think it was prudent of you to query the controller for a suggestion for the reasons you mention, but that query could also be construed as relinquishing some PIC authority/responsiblity. Please don't take this personal critizum. It was merely an attempt to objectively scrutinize all the possibilities, and stands as an example of how it might be viewd by an ALJ. The initial sighting was by no means sure death in the next second. I did the responsible thing by keeping the controller in the loop by ensuring I didn't compound the problem with other traffic in the area. When time did not allow for it, I didn't do it. I fail to understand how improving situational awareness is a bad thing; contrary to the opinion asserted by others here. I don't know to which opinion you are referring, but I agree, quearing the controller was a prudent thing to do at that time. What I'm having trouble with is the controllers ability to accurately determine the NORDO aircraft's altitude apparently from a primary radar target. |
#28
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Collision alert!
On Wed, 16 Aug 2006 15:31:56 +0000, Larry Dighera wrote:
If the NORDO aircraft's transponder was not in operation, it begs the question, how did ATC know its altitude? It is possible the controller's "with no squawk" statement may have meant the NORDO aircraft was not squawking an assigned beacon code, but 1200 or 7600, or, more likely, it could have meant there was no beacon being transmitted from the NORDO aircraft. ATC's statement is a bit ambiguous. Agreed. Would it make you feel better if I said it happened about 15-minutes into flight. [?] I had throttled back waiting for clearance. It would have made the situation much clearer if you had definitely stated that both aircraft were within Class B airspace. I thought it was implied as I lead in with the fact I was entering class bravo. I guess not. Shesh. I think some may be over analyzing...a lot! How is over analysis possible? The prudent pilot considers as many factors as possible, right? You don't think it's over analyzing, trying to infer an aircraft position based on a **very loose** time of travel ("some 20 minutes or so earlier") while making many assumptions? In my book, not only is the time of travel irrelivant to the story, attempting to infer an aircraft position based on what is obviously a very imprecise estimate of time, most definately is "over analyzing." Add to the fact this is after the fact, I fail to see how post-analysis of irrelevant data while making broad assumptions is anything but "over analyzing". If you don't think so, we have very different definitions. [snip] Please don't take this personal critizum. It was merely an attempt to objectively scrutinize all the possibilities, and stands as an example of how it might be viewd by an ALJ. Fair enough. Greg |
#29
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Collision alert!
On Wed, 16 Aug 2006 15:26:35 GMT, Jose
wrote in : it would appear, that Mr. Copeland's aircraft did indeed have the right-of-way by virtue of being to the right of the NORDO aircraft. I'm a little confused here. The encounter was head-on or nearly so, no? Not at first when the NORDO aircraft was westbound and Mr. Copeland was on a heading of 170 degrees. And the right of way rules apply to non-head-on approaches. So, how did you "turn to pass behind" somebody who was nearly head on? I suppose, if the aircraft is approaching from 90 degrees abeam, you turn toward it so as to pass behind it. Unfortunately, it appears that the NORDO PIC chose that moment to change course turning toward Mr. Copeland. It was at that point, that there was a head-on situation, if my analysis is correct. |
#30
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Collision alert!
On Wed, 16 Aug 2006 11:03:35 -0500, Greg Copeland
wrote in : How is over analysis possible? The prudent pilot considers as many factors as possible, right? You don't think it's over analyzing, trying to infer an aircraft position based on a **very loose** time of travel ("some 20 minutes or so earlier") while making many assumptions? In my book, not only is the time of travel irrelivant to the story, attempting to infer an aircraft position based on what is obviously a very imprecise estimate of time, most definately is "over analyzing." Add to the fact this is after the fact, I fail to see how post-analysis of irrelevant data while making broad assumptions is anything but "over analyzing". Oh. That analysis. Being unfamiliar with the area, I didn't really consider it. I see what you're getting at. Perhaps it was fostered in desperation as a result of inadequate information contained in the original story. While many of the readers of this newsgroup are very casual in what they write, it's easy to see, that such imprecise language and omission of facts quickly leads to erroneous avenues of investigation and ambiguity. (A general observation, not personal criticism) |
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