"Landing at pilot's risk" was used in the AA crash at KBDL. Yes, all airspace is "owned" by the ARTCC, but delegates it to various TRACONs. The facility one level above the ATCT is the TRACON, so I would accept they have the authority to act in this case.
aterpster
i agree that it is unique, but the TRACON controller's comments seem to indicate that not unheard of. He even cited a case where the controller was "locked out" of the facility. Definitive enough for me.
FAR 91.129 is not written in a way that describes exactly who in ATC is authorized to make these decisions. That certainly will be more clearly defined. i also agree that the crews will not be facing enforcement action, uncalled for in my opinion, based on the ATC transmissions. I find it hard to figure out how the Enforcement Division could make a case for action. They would have to propose the crew violated 91.129 by landing without a clearance AND that should have known that the TRACON could not authorize "uncontrolled" operations. And, as a backup, show that an uneventful landing by two airliners was "careless and reckless". A steep hill to climb.
In the KBDL accident, ATC did issue a NOTAM, did make the appropriate announcements, but the TRACON supervisor did get into the closed tower facility and issue the "landing at pilot's risk" transmission. He also was commended for making alerting the crash net on the airport.
FYI, they will soon be tearing down the WW II vintage tower at BDL along with the old terminal. Many EAL memories there!
GF
Last edited by galaxy flyer; 30th Mar 2011 at 00:54.