NEWS: Legacy pilots blamed for mid-air collision with Gol 73

[emshighway]

A congressional inquiry in Brazil has concluded that the ExcelAire Embraer Legacy's pilots, US citizens Jean Paul Paladino and Joseph Lepore, carry most of the blame for the aircraft's fatal collision last year with a Gol Transportes Aereos Boeing 737-800.

Meanwhile, the work of the technical accident investigation team (CENIPA) continues, with the draft report expected in September.

According to the findings, both pilots had insufficient knowledge to operate the Legacy's systems - especially the aircraft's avionics suite.

The committee, at Brazil's lower house, found both crew members were negligent in observing standing international air traffic regulations, aggravated by "imprudent handling of the aircraft" and "poor situational awareness".

Consequently, the report recommends that both pilots be charged with involuntary manslaughter having infringed Article 261 of Brazil's Penal Code - placing an aircraft or vessel at risk - a charge that can lead to an eight to 12-year prison sentence.

The committee also finds that three APP Brasília air traffic controllers are guilty of involuntary manslaughter under the same article.

The hearing has recommended that a fourth controller be indicted for voluntary manslaughter, a charge that can lead to a prison sentence of up to 20 years.

Two congressional inquiries - the one that has just reported and the other still under way in Brazil's Senate - were set up to investigate Brazil's air transport system, allegations of corruption within Brazil's airport authority and the ExcelAire/Gol mid-air collision.

Both have drawn local criticism, not least for the lack of technical knowledge of aviation displayed by members.

Indeed, shortly after the report was submitted and read to the lower house, opposition party members stated that it did not cover many relevant factors, such as persistent technical difficulties experienced in Brazil's air traffic control system.

According to Lt Brig Juniti Saito, commander of the Brazilian air force, the Centre for Investigation of Aeronautical Accidents (CENIPA) investigation is expected to be finished by late August or early September.

http://www.flightglobal.com/articles/20 ... h-gol.html

[hiss srq]

Poor awareness? They were doing exactly as instructed. Because Braqzil's ATC infastructure sucks, and they have this ego down there I am very familliar with espesially when dealing with Americans our pilots could face prison? My ass, we should keep the guys here in the states and send their courts a middle finger as far as I am concerened.

[T-Bird76]

Has our own NTSB performed and investigation to find who was at fault? It would seem to me judgement on our side should be reserved until our own findings have been determined.

[DHG750R]

Just found this on http://www.aviation-safety.net

11 JUL 2007 FAA warns of Embraer jet transponder issue
The FAA issued a Safety Alert for Operators calling attention to the possibility that a pilot of an Embraer Legacy, EMB-135 or -145 might inadvertently change VHF radio frequencies or place the ATC transponder into standby mode during flight.
During an investigation the FAA discovered that crewmembers who had the simple habit of placing their shoe on the footrest just below the instrument panel could inadvertently put the ATC transponder into standby mode, or change radio frequencies without the crew's awareness. Further, they found that pilots might not notice the corresponding indication on the Pilot Flight Display due to the white colored letters, which are not as noticeable as differently colored caution or warning indications. (FAA)

[NIKV69]

Has our own NTSB performed and investigation to find who was at fault? It would seem to me judgement on our side should be reserved until our own findings have been determined

Brazil will never let that happen. Their minds were made up shortly after the crash and they are not going to let any US agency on their soil to undermine it.

[mirrodie]

Weren't those pilots released back to the US?

If so, what, are the Brazilians trying to bring them back?

[T-Bird76]

Weren't those pilots released back to the US?

If so, what, are the Brazilians trying to bring them back?

Yes they are back in the U.S. Brazil hasn't yet asked for them to be sent back. Unless our NTSB finds they were at fault I doubt we'll send them back.

[adam613]

I seriously doubt we have an extradition treaty with Brazil, so I don't think we'd send them back even if the NTSB found they were at fault.

[Nycfly75]

Here is the extradition treaty:

http://www.oas.org/JURIDICO/MLA/en/trai ... sa-bra.pdf

I dont believe they were indicted with an extraditable offence, however I'll confirm my friend who is a federal judge in Sao Paolo. Im probably headed down to Brasil at the end of the summer, I'll probably travel with my Italian passport since I'll get treated better. I always bring both though just in case.

[NIKV69]

I doubt the US will send them back. They would never get a fair shake down there. In fact I am surprised they made it out of that country alive.

[Nycfly75]

I doubt the US will send them back. They would never get a fair shake down there. In fact I am surprised they made it out of that country alive.

Nick,

A close friend of mine is a federal judge down there. The system there is no better or worse than most European countries.

[atcguy]

Joe Sharkey has recenttly published in his blog an excelent report about this accident, with all details, CVR transcripts and dialogs.

Can be found here:
http://js.biztravelife.com/preliminary.pdf

[PhilDernerJr]

I, too, am surprised they made it out alive. I think the only reason they made it back was so to not create drama between the two countries.

I don't think that they'll take any serious measures to get them back down there.

I hope there are no hits put out on these guys up here though.

[T-Bird76]

I, too, am surprised they made it out alive. I think the only reason they made it back was so to not create drama between the two countries.

I don't think that they'll take any serious measures to get them back down there.

I hope there are no hits put out on these guys up here though.

Hits Phil? LOLOLOL Brazil is a modern country not some mob family or do you mean some family that lost loved ones may try to put a hit out? I doubt any "Hit" will be placed on these guys though. HITS, LOLOLOLOLOLOLOLOLOLOLOLOLOLOL That made my day Phil.

[mirrodie]

Tom, are you kidding?

You don't think "hits" are being done by governments? They are analagous to our CIA covert ops.

I don;t think what Phil's thought is completely off base.