Sal's Law
WW@ Email: I wanted to get your thoughts on poor communications practices. I hear flight instructors on the air, consistently using and teaching poor radio phraseology. It would appear that besides being hazardous, I would think it could lead to law suits and FAA Legal action.
Sal’s Law: I feel your pain. While not usually the subject of FAA Enforcement actions, poor communications skills usually rear their ugly head in a different way in the legal arena. When a pilot receives an instruction that is unclear, the resulting flight action could lead to a violation. One such case was Merrell vs NTSB, where an airline pilot picked up an altitude clearance that was meant for another aircraft with a similar call sign. His resulting altitude bust was the subject of an FAA Enforcement Action that survived several appeals, from the FAA, NTSB and even the Circuit Court. The pilot’s fault was upheld in the end. The judges were not impressed that he simply didn’t hear the clearance properly.
Poor communications techniques are not limited to one genre of pilots or another. They appear in all types of air operations. I make it a habit to have an aircraft radio on in my office on most days. (Just for punishment) Some of the things that pass for communications sound more like an Abbott and Costello routine. Altitude clearances often are mistaken. So are frequencies. When a pilot is asked to report her altitude by a controller, and answers “out of four point five for Six point Five”, that can easily be mistaken for a frequency, a Richter scale reading or maybe an IQ. The proper procedure, of course is to say “Four Thousand Five Hundred climbing to Six Thousand Five Hundred.” It takes extra seconds and keeps airplanes from meeting in the sky. AIM 4-2-9.
Then there are the pilots who sound like they are playing polo? “Bug Catcher 123 traffic at 2 O’clock and two miles.” “Bug Catcher 123 – Tally Ho!” Tally What? Simply following the AIM and a short “traffic in sight”, is much better than a sticky wicket.
Or there is the infamous “with you” when checking into a new controller. “Citation Charlie Delta with you.” Replace it with “Citation Charlie Delta level at Four Thousand Five Hundred” and the controller has everything they need.
Or as Romeo once said, “how can I tell you I have the ATIS, let me count the ways.” Some pilots like to say “with the numbers”. Saying “the numbers” does not satisfy the receipt of the ATIS broadcast. AIM 4-1-8. Or how about “19 Victor, - inbound Victor.” The word “information” should precede the ATIS code, or at least break up the statement by saying “with Victor”.
Another area of great misunderstanding is the call sign itself. When first reporting on the frequency, a pilot is to use her entire call sign. When ATC calls you back with an abbreviated call, then you may use that shortened version. The controller knows if anyone else on the frequency has a similar call sign that may require the longer read out.
Some of these may not seem too important, but when you are flying in heavy traffic areas a little mis-communication can go a long way. That’s what Capt. Merrell found out over the skies of California and it was found to be a major cause of the Hudson River crash in New York last year.
D.R. @ Email: I recently put a down payment on an aircraft and followed advice I have seen in your column to order a title report. What I found was shocking. The owner never told me about two liens on the aircraft and a past damage history. Now, I want out and they are holding my down payment. What do I do?
Sal’s Law: My office just had the pleasure of completing the purchase of the first production Cessna Sky Catcherto go into flight school and rental use. Even though this aircraft obviously came directly from the factory, we had a complete title search, damage history and sales contract prepared. I trust Cessna, but you never know what happens to an aircraft from one day to another.
Title Insurance is only one part of a transfer of ownership of an aircraft. Going through a formal procedure complete with sales contract is critical. If you do all of those things, then what happens to the down payment in the event of a withdrawal by either party can be spelled out clearly in the contract and becomes automatic.
In your case the question of whether you entered into the sale with complete knowledge of the history of the airplane can always be questioned. In a sales contract it becomes a contingency of the sale.
The good news is the party you were purchasing from has agreed to return the full down payment and will no doubt have to clean up the title of the plane before trying to sell it again. And we didn’t even have to go to People’s Court.
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Blue Skies to all!
Sal A. Lagonia Esq - is an aviation attorney representing pilots, aircraft owners FBO’s and airports with offices in New York. He is also a professor of Aviation Law and lecturer. Send questions or requests for speaking dates to 914-245-7500 or Sal@LagoniaLaw.com.