Recently I was flying from XXXXXX to an Eastern European country. We flew over several countries at FL340. When we were handed to XXXX Radar (European Union) they informed us that our Mode A and C were not transmitting. Everything in our aircraft appeared to operate correctly. We tried to troubleshoot, were instructed to hold over a VOR at altitude. Within five minutes of being instructed to hold, we were told to land at an airfield below us. We did not have a diplomatic landing clearance, and when we asked for a lower altitude or simply to provide position reports, ATC said "no- land". We went through the pain of digging out airfield info, descending from FL340 to an unfamiliar airport in our DC-9-32 all while dealing with a pushy controller who could clearly see us on radar. In hindsight, I should have been less compliant, or at least controlled the rate at which things occurred.

Has this ever happened to anyone? What would the ramifications have been if I had simply refused to land and continued along my FP route while providing position reports? I know the answer in CONUS, but in Europe things are a little grey since ATC really isn't communicating with an embassy.

We landed, purchased their fuel and services, departed with no maintenance performed and amazingly enough, they had no issues with our transponder. Any informed comments would be helpful.

 

Color me shocked.

This wasn't a VR C-9 was it?

 

Nope-not a VR C-9

 

Was your aircraft operating under an exemption?...I would think a DC-9 operating in EU airspace would be required to have Mode S...?

 

Our equipment complied with the mode S requirement in Europe. The controller verbalized no A or C mode transmission.

 

Hmm.. Well when operating outside US airspace, I believe it is required to comply with the aviation rules of that country. If the country is a "Member State" under ICAO, then ICAO ANNEXES would most likely apply. UNLESS: that "state" filed a "difference" with ICAO.
International flying can get very complicated. I don't know the answer, but if you need help, I can get some contacts for you in the IFO world.

ICAO Annexes include "Standards and Recommended Practices" (SARP's). The "standards" are enforceable like 14 CFR.

 

Post 9/11...

If they tell you to land, you better land. If you're not familiar with their diplomatic protocols, you're probably not familiar with their policy on the employment of air-to-air (or ground-to-air!) weapons either. You might end up with a lengthy wikipedia page dedicated to you. At the very least all EU countries has probably have extradition treaties with the US.

 

I would have just kept on trucking, you didn't specify the country, but five minutes might have gotten you into the next country. Sounds like a scam to soak your outfit for fuel and landing fees.

Bzzzzt, gurgle, pop-I can't understand your last transmission.


Your story is somewhat lacking in detail, so it is hard to give it credibility.

 

Africa....sure.

EU? I wouldn't sleep too good for about six months afterwards.

 

Well, if the alt was not transmitting, they had no idea what altitude you were at, unless military tracking radars were pointed at you and being used. It wouldn't be the first time that some equipment decided to work "part time", although maybe just as likely it was on their end somehow, but only they would know for sure.