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Old 8th Oct 2006, 19:12
  #438 (permalink)  
Hokie Nation
 
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Originally Posted by Astra driver
I find it interesting that certain media sources are implying that the Legacy, flying at FL370 was at the incorrect altitude, when, in fact, following correct lost com procedures they were doing exactly the right thing, namely flying their last assigned route and flight level.

We also need to acknowledge that it is your last CLEARANCE that determines your route and altitude of flight, not your flight plan.

In the event of lost communications, you are expected to do the following in regards to your route of flight in the following order;
1.)Last Assigned route,
2.)Last assigned Heading if you were on radar vectors,
3.)What you were told to expect (ie, "in the event of lost comm, fly direct XXX and hold")
4.)Your Filed route.

In regards to Altitude you are expected to fly the HIGHEST of the following altitudes;
1.) The MEA for the airway
2.) The altitude you were told to Expect in your Last CLEARANCE.
3.) The last Assigned altitude given in your last communication.

Apply this to the lost comm situation the Legacy crew was allegedly experiencing and you do the following;

Fly your assigned route as per your last ATC Clearance
Fly your last assigned Altitude.

You DO NOT change altitudes after passing Brasilia, even though this was in your flight plan, as your last assigned altitude takes priority. The only exception to this would be if, in their last recieved ATC clearance they were told to,
"Maintain FL 370, at Brasilia VOR descend and maintain FL 360".
To my knowledge no such clearance was given.

Given the circumstances the Legacy crew were flying the correct altitude.
Finally someone has stated something that is correct. The Legacy crew did exactly as they should have. Ive known one of the pilots for six years and trained with him at two different airlines, and I know that he was trying to communicate with anyone on many differnet freqs, including Guard. The CVR has this on tape, and no, there was not seven attempts on the CVR from Cindacta-1 (Brasilia), that is innacurate. Both of us are type rated on the Legacy, and the NORDO procedure is to STAY at your last assigned altitude...370...and squawk 7600. The Legacy has a rotary transponder and the AD applies to this transponder unfortunately. If they changed the squawk to 7600, and it does sometimes take at least 5 secs to get there, esp if its a bumpy ride, that would explain 'turning off the xpndr'. Nonetheless, it doesnt seem that Brazil even KNOWS their procedures, much less follows any. Consider this, IF they thought the xpndr was 'turned off', then the Legacy no longer qualifies as an RVSM, and now needs 2,000 alt separation, so why did Cindacta-1 even try to clear them to FL360? By their own admission, the Legacy was a non RVSM aircraft so that is NOT legal separation criteria. FL360 doesnt even make sense as the 737 would need to go through FL360 en route to Brasilia where they were landing and they would have AGAIN been nose to nose, coaltitude at some point. The only logical altitude to clear the Legacy would be FL390, so their own response indicates their incompetence. One phone call to Cindacta-4 (Amazonica) would have avoided all of this in reality. Why was the 737 even cleared to FL370 when the Legacy was already there on an overlapping airway (UZ6) before the 737 took off? So much easier to blame US citizens than your own banana republic military buffoons. This situation will happen AGAIN if they dont learn procedures and buy some new equipment. Hopefully those guys will be home and exonerated soon.
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