Longhitter,
As a side note, the example you give is not entirely correct. In that instance in France, the pilot deliberately de-activated the ATHR (not switched off, but de-activated for the remainder of the flight, without possibility to re-activate). Even above 100'RA, the alpha floor would not have worked anyway.
Back to the subject, a low pass can give an approximate evaluation of the gear position, but no ATC controller will put their a$$ on the line and confirm anything, and certainly not saying it's "down and locked"...