Originally Posted by
Nitefrater
As far as I can find, there is no "AC-120-08" listed on the FAA website. There IS an AC 120-108 that contains the para you mention, but that AC is specific guidance for CDA non-precision approaches. I'm not sure (and frankly doubt) that this approach was one of those.
Specifically what part of CFR 14 are you alleging was in noncompliance?
As near as I can tell, this was possibly (probably) a violation of the FedEx FOM, para 6.45, which would be a company issue, but not a violation of any FAR, which would be an FAA issue. Which is not to say that the FAA wouldn't be interested, but I'm not sure it would/could rise to the level of certificate action and the invocation of ASAP/NASA protections.
Of course the FAA could always (and frequently does) fall back on the "careless and reckless operation" clause when they frown on something but don't have the evidence or intellectual integrity to back up a more specific charge.
Easy there Johnnie Cochran....I didn't "allege" anything. I merely quoted the ASAP MOU - and intentionally didn't add my opinion nor comment.
The point of the highlighting was to point out to those recommending filing ASAP reports - they probably wouldn't be accepted under the ASAP program due to the "not inadvertent" and/or "intentional disregard for safety" clauses.
Now for my comment since you asked - would you NOT characterize that sequence of events as "careless & reckless"? even if they just "forgot" until the last possible moment to lower the gear? (jailhouse law degree aside that is)
