Did neither aircraft have TCAS? Also I wonder if they were IMC at FL370, so perhaps had a chance to see and avoid? ( I haven’t read the report)
I realise airways try to keep aircraft in the same bit of sky but Brazil is a BIG country with not that high traffic density unless you are around the major airports. (Rio, Sau Paulo etc)
You also end up with large areas where you don’t get ATC radio coverage.
Jepp charts and flight plans are used for initial routing and following a route after a comm failure. Otherwise follow ATC.
The Legacy switched its transponder off by mistake. The report lists 8 things, any of which would have avoided the collision if it hadn’t occurred.
I imagine the closing speed was equivalent to one mile per 4 or 5 seconds. That doesn’t leave much opportunity for see and avoid.
Peter wrote:
IFR IN CAS (as distinct from IFR OCAS where you don’t have a clearance for anything anyway) lost-comms scenario you are supposed to fly the route exactly as filed
My understanding is that is the procedure in IMC. in VMC I think you’re supposed to land at nearest suitable aerodrome (I’m less certain if reasonable to start a descent from a busy airway though)
In VMC:
Continue to fly in visual meteorological conditions;
Land at the nearest suitable aerodrome; and
Report the arrival by the most expeditious means to the appropriate air traffic control unit
In IMC or when conditions are such that it does not appear likely that the pilot will complete the flight in accordance with the prescribed VMC RCF procedures above :
Cobalt wrote:
On a different note – you are also responsible to ask for your descent from cruise altitude for the approach. While ATC will initiate this at some point, they may do this quite a bit later than you want to, especially if you are high, since they are used to pressurised aircraft which typically fly steeper descents than your ears might like.
Sometimes they get you down far too early too. If i’m IFR I wouldgenerally be flying a pressurised aircraft; Inbound to Toussus is often a long drag at low level, and London always want you far too low – FL260 40 before Biggin when going to the Doncaster or East Midlands area.
Basically ATC can’t please anyone!! 
I think ATC are only human and make “unofficial” decisions partly based on whether the pilot looks like he knows what he is doing. If you are flying near the base of CAS, say FL070, you look like an amateur. If you are flying at FL150, you look like you know what you are doing. Even more so if you are flying at FL200 (light GA I mean).
How well you do the radio also matters, in many cases…
This is one reason I never fly long-enroute below FL100, even if technically one could, and still get a service in CAS. One also gets a much better view of the wx ahead, which you tend to not get at a few k feet.
Captain-random wrote:
If I’m flying on an IFR flight plan which includes a decent from FL100 – FL080 at a certain waypoint… who’s responsibility is it to initiate the decent ?
The only decent thing to do is to request descent from ATC, assuming you are flying in controlled airspace. In a radar environment you fly at what ever altitude you agree upon with ATC within the constraints of MORA, MSA, MRA etc.
WRT to lost comms:
A controlled flight experiencing communication failure in IMC, or where it does not appear feasible to continue in VMC shall:
1. set transponder to code 7600;
2. maintain for a period of 7 minutes the last assigned speed and level or the minimum flight altitude, if the minimum flight altitude is higher than the assigned level. The period of 7 minutes commences:
a. if operating on a route without compulsory reporting points or if instructions have been received to omit position reports:
– at the time the last assigned level or minimum flight altitude is reached; or
– at the time the transponder is set to Code 7600, whichever is later; or
b. if operating on a route with compulsory reporting points and no instruction to omit position report has been received:
– at the time the last assigned level or minimum flight altitude is reached; or
– at the previously reported pilot estimate for the compulsory reporting point; or
– at the time of a failed position report over a compulsory reporting point, whichever is later.
NOTE: The period of 7 minutes is to allow the necessary air traffic control and coordination measures.
3. thereafter, adjust level and speed in accordance with the filed flight plan;
NOTE: With regard to changes to level and speed, the filed flight plan, which is the flight plan as filed with an ATS unit by the pilot or a designated representative without any subsequent changes, will be used
