I have dealt with JAA regs in the past. And in my point of view they tell you what you can do. Where as the FAA regs tell you what you can not do. While it appears to be a small difference, it is a wide gap. My issue is the over regulation and over control that is in place in Europe. Much of which has little or no effect on safety. The FAA is not prefect, but neither is the JAA. But in my view the FAA has a better mix in the regulations.
Discussing this accident with other pilots, both FW and RW, that fly into the exclusion areas on a regular basis a few points that we all agree on.
1. Know the airspace. Know where the exclusion areas are and the routes.
2. Communicate type, position, altutude and direction on the common freqs.
clearly, precisely, in a timely manner and then shut up and listen. Too
many pilots want to tell their life stories on the freq. and step on
important information.
3. Use ALL available exterior lights. Pulse lights are a big help.
4. Keep your head on a swivel. Keep looking in all possible directions.
5. Be the pilot. You are not a tour guide. Let the passengers do the looking.
Next we need to be careful about running with the herd. It is presently being led by politicians that have personal and political agendas. Remember the last mid air in the area was 1983. Now compare it to the crime statistics for the first three months of 2009.
# Homicides: Down 23.3% this year through March 29 compared with same period last year; from 116 killings to 89.
# Rapes: Down 23.1% through same period; from 360 reported rapes to 277.
# Robberies: Down 14.6% through same period; from 4,837 to 4,131.
# Burglaries: Down 14.6 through same period; from 4,614 to 3,942.
# Grand larceny auto: Down 12.1% through same period; from 2,767 to2,431.
# Crime in housing projects: Felony crimes down over 21% through same period. There were 78 homicides last year, down 17% from 94 in 2001.
# Transit crimes: Felonies down more than 5% through same period. Even as ridership grew, felony crimes per day shrank to six last year, compared to 10 in 2001. Last year, the daily felony crime rate was one per 1 million riders, compared with two per day in 2001.
You think there might be some other reason they are screaming so load about the mid air?
From a previous poster, it appears that the pilot was assigned an altitude and since he was planning on staying in controlled airspace, he may not have been aware that he was in uncontrolled airspace. Talk about the holes in all the slices of cheese lining up.