Originally Posted by
ShyTorque
I can see both sides of the argument and make no judgement because it is impossible to know what the second pilot could actually see.
I think if you say you can see the ground (which had to be true in this case for him to be in VMC) overhead the airport and I breakout on the approach under a cloud deck, fly under your route and see a solid deck above me and then go back into solid cloud on the miss then I you are likely looking at the mountains or the moon not at the ground below!
Originally Posted by
ShyTorque
Firstly if, as alleged, this aircraft was in solid cloud, for a mid-air collision to take place (this is what people are concerned about), it would have required another aircraft to be in the same place, same height, same time, under an ATC service.
Where ATC have no legal requirement to provide any separation against any another "VMC" pilot nor any requirement to separate from the IFR go around other than to call the traffic to the IFR pilot.