Originally Posted by
onetrack
The critical factors in this case .. are that there was a change of level, coinciding with a change of ATC unit. Although the flightplan will show a change of level, the crew will not do this, until cleared by ATC.
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Onetrack,
If I am not mistaken, the Legacy was supposed to clear FL370 to 360 over BRS VOR. As an airline pilot in Brazil for the past 6 years, I have never had a communication problem in that area (200NM radius from BRS VOR). However, I have had some trouble with the ATC when flying outbound from BRS to MAO or BEL, when aprox 200NM from Brasilia...In fact I had this problem today, when flying inbound from BEL TO BSB (delay on getting first comm contact, and poor audio return from Brasilia....3/3). But communications work very well when you are "near" Brasilia. Agree that ATC has responsibility on this matter (A class airspace). Disregard the news on the paper...it is clear that the media is trying to drive public opinion against the Legacy pilots, giving unfounded info. The problem is that the majority of population takes this kind of news as a fact. If the ATC had any responsibility on this accident, believe me, they will have their "share of guilt" on the final report...this already happened once, with a Lufthansa in Rio de Janeiro.
Regards
PS: Regarding airspace: This area is a SIVAM area, that means that the radars are not on the ground, but built in airforce airplanes that keep flying 24-7 (Brasilian airforce uses EMB Legacy airplanes on this...ironic). This kind of equipment (onboard radar) is used to intercept unknown traffic, and I am not sure, but do not doubt, of the capability of getting altitude info even with the xpndr off. ATC in that area is Military ONLY.
