" §105.13 Radio equipment and use requirements. (a) Except when otherwise authorized by air traffic control -- (1) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft, in or into controlled airspace unless, during that flight -- (i) The aircraft is equipped with a functioning two-way radio communication system appropriate to the air traffic control facilities being used; and (ii) Radio communications have been established between the aircraft and the air traffic control facility having jurisdiction over the affected airspace of the first intended exit altitude at least 5 minutes before the parachute operation begins. The pilot in command must establish radio communications to receive information regarding air traffic activity in the vicinity of the parachute operation. (2) The pilot in command of an aircraft used for any parachute operation in or into controlled airspace must, during each flight -- (i) Continuously monitor the appropriate frequency of the aircraft's radio communications system from the time radio communications are first established between the aircraft and air traffic control, until the pilot advises air traffic control that the parachute operation has ended for that flight. (ii) Advise air traffic control when the last parachutist or object leaves the aircraft. (b) Parachute operations must be aborted if, prior to receipt of a required air traffic control authorization, or during any parachute operation in or into controlled airspace, the required radio communications system is or becomes inoperative."
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The load Chris described was already at altitude and he used his best effort under the circumstances to contact ATC. He obviously felt that he had let them know that he was there and intended to release jumpers. ATC did broadcast communications directed at the pilot, so communications were established. His decision to drop the jumpers may not have been by the book, nor was it in the best interest of safety, but he made a decision as PIC. This is what every pilot is charged by the FAA to do.
Yes, ATC did brodcast comms directed at the jumpship....."asking the jump plane to leave the area", not OK'ing the drop. If the pilot had comms w/ ATC, he would have had that information, therefore comms were NOT established.
Pilots are charged with following the fAR's except in an emergency, and operating the aircraft safely, not just making a decision.
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FAR 105 states that you MUST have two-way radio contact with ATC 5 minutes before dropping jumpers. This plane NEVER had positive two-way radio communication with ATC as NY Center kept transmitting in the blind asking the jump plane to leave the area as he was up in the middle of a holding pattern.
The jump pilot violated FAR's, endagered his passengers and the passengers of Chris's aircraft. I also wonder how close the jumpers and jumpship came to the aircraft holding 1,000 ft below Chris.
Imagine if the tandem had hit either airliner and brought it down. The FAA would likely simply ground all parachute operations and then, budget permitting, figure out how to allow skydiving again.
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The FAR is very clear;
"
§105.13 Radio equipment and use requirements.
(a) Except when otherwise authorized by air traffic control --
(1) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft, in or into controlled airspace unless, during that flight --
(i) The aircraft is equipped with a functioning two-way radio communication system appropriate to the air traffic control facilities being used; and
(ii) Radio communications have been established between the aircraft and the air traffic control facility having jurisdiction over the affected airspace of the first intended exit altitude at least 5 minutes before the parachute operation begins. The pilot in command must establish radio communications to receive information regarding air traffic activity in the vicinity of the parachute operation.
(2) The pilot in command of an aircraft used for any parachute operation in or into controlled airspace must, during each flight --
(i) Continuously monitor the appropriate frequency of the aircraft's radio communications system from the time radio communications are first established between the aircraft and air traffic control, until the pilot advises air traffic control that the parachute operation has ended for that flight.
(ii) Advise air traffic control when the last parachutist or object leaves the aircraft.
(b) Parachute operations must be aborted if, prior to receipt of a required air traffic control authorization, or during any parachute operation in or into controlled airspace, the required radio communications system is or becomes inoperative."
Yes, ATC did brodcast comms directed at the jumpship....."asking the jump plane to leave the area", not OK'ing the drop. If the pilot had comms w/ ATC, he would have had that information, therefore comms were NOT established.
Pilots are charged with following the fAR's except in an emergency, and operating the aircraft safely, not just making a decision.
The jump pilot violated FAR's, endagered his passengers and the passengers of Chris's aircraft. I also wonder how close the jumpers and jumpship came to the aircraft holding 1,000 ft below Chris.
Imagine if the tandem had hit either airliner and brought it down. The FAA would likely simply ground all parachute operations and then, budget permitting
Derek
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