"McMurdo ATC issued descent clearances contrary to those requirements because the company never advised them of those restrictions."
This is not correct, the Captain requested a VMC descent, in no way is that a clearance for anything. From an earlier post that hopefully you read.
From that court.
" It is clearly established that, when the pilot told Mac Centre he wished to descend VMC, he effectively informed the controllers that he could see where he was going. In so doing, he took sole responsibility for separating the airplane from other aircraft and the terrain, and he was on his own."
As they were never identified on McMurdo radar how could the controllers have cleared them for anything, they had no idea where they were.
I am sure that the clearance for a VMC descent mentioned by Capt Wilson was to be after they were identified by McMurdo Radar and position established positively.
Last edited by prospector; 27th Jan 2008 at 23:11.