hogsnortrupert,
Following the U.S. District Court hearing in Washington DC, Judge Harold H. Greene wrote in his ruling,
"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,
There also was much credible testimony to the effect that, and the Court finds that, air traffic controllers are not in a position to challenge, or second guess, the representation of a pilot that he can see where he is going and. indeed, that controllers are trained not to question such a representation".
'Mahon found that Captain Collins had been authorised by McMurdo to descend to 450 metres, and could not be said to have been guilty of unauthorised “low flying”."
Where exactly did Mahon find that that the flight had been authorised by McMurdo to descend to 450 metres?????
"• Captain Jim Collins and his co-pilot Greg Cassin had not flown the Antarctic flight before, but the flight was considered to be straightforward and they were both experienced pilots."
And herein lies the major problem, they were experienced pilots carrying out their usual duties of airline pilots, but were complete novices in the vagaries of Antarctic flying. the comments from Mr Bob Thomson, New Zealands most experienced Antarctic operator, printed earlier in this thread sums it up very well.