Canadian Carrier Says Its Pilot Bears No Blame... FAA Disagrees

The Federal Aviation Administration and WestJet Airlines, Ltd. are in disagreement over the most recent runway incursion at Los Angeles International Airport.

As ANN reported, on August 16, WestJet (WJA) 900, a Boeing 737, and Northwest Airlines (NWA) Flight 180, an Airbus A320, almost collided at LAX, according to the FAA. The two jets came within 37 feet of each other.

The crux of the disagreement lies in the question of the degree of fault to be placed on the WestJet pilot. In its Preliminary Report issued this week on the incident, the National Transportation Safety Board claims the WestJet pilot changed from tower to ground frequency too soon.

"WJA900 landed on runway 24R and exited at taxiway Y then changed to ground control frequency without authorization while the airplane was holding between the parallel runways. The tower controller cleared NWA180 for takeoff from runway 24L. Meanwhile, the pilot of WJA900 contracted ground control... and the ground controller assumed that the tower controller had instructed the flight to cross runway 24L and responded, "WJA900, Los Angeles tower, taxi [via taxiway] echo to the gate."

"Ten seconds later, the pilot of WJA900 confirmed that the flight was cleared to cross runway 24L. The ground controller asked who called and the pilot again asked whether or not they were cleared to cross the runway. The ground controller then realized that WJA900 had not been instructed to cross runway 24L and told WJA900 to stop. According to the FAA and WJA, the airplane crossed the hold short line but did not enter the runway. According to the FAA, the two aircraft missed colliding by 37 feet (wingtip of A320 to the nose of the B737) as NWA180 departed runway 24L."

An FAA official said the pilot in question did not technically violate a regulation; but he did break standard procedure, according to the CanWest News Service.

"It is our position that the actions of the WestJet pilot contributed to the incident by creating confusion in the air traffic controller's mind," said FAA spokesperson Ian Gregor.

WestJet vice-president of culture and communications Richard Bartrem counters, "there was not any pilot error on behalf of WestJet. We didn't receive authorization, but it's not required." Bartrem added such clearance is "mandatory" in Canada.

"We have a policy at LAX that you don't switch frequencies without being instructed to," said Gregor. "But we couldn't find a specific federal aviation regulation to that effect."

Gregor also acknowledged the controller made a false assumption and shared some of the blame.

As a result of the incident, WestJet issued an update to the flight plans of all their pilots indicating they are now required to wait for that authorization, reported CanWest.

"We have a policy at LAX that you don't switch frequencies without being instructed to," said Gregor. "But we couldn't find a specific federal aviation regulation to that effect."

WestJet is going to lobby the FAA and Transport Canada to establish a consistent set of procedures, said Bartrem, and the carrier has informed its pilots they are now required to wait for that authorization.

"There's an inconsistent application in the US as to when that handshake, if you will, takes place," he said.

The pilot will come out on top of this ordeal, however. Since he can't be held responsible, the official conclusion will likely be controller error. That particular controller has been suspended pending the outcome of the investigation while the pilot is still flying, Gregor said.

FMI: www.westjet.com, www.faa.gov, www.ntsb.gov