Air Carrier flight crew reported during the landing rollout; another aircraft was over the hold short line. The PNF contacted Tower regarding the other aircraft. The reporting Captain states they should have executed a missed approach.

Date: 2022-04 · Aircraft: EMB ERJ 170/175 ER/LR · Phase: landing

Anomalies: conflict-ground-conflict|critical|deviation-discrepancy-procedural-far|deviation-discrepancy-procedural-published-material-policy|ground-incursion-runway

Synopsis

Air Carrier flight crew reported during the landing rollout; another aircraft was over the hold short line. The PNF contacted Tower regarding the other aircraft. The reporting Captain states they should have executed a missed approach.

Narrative

We were cleared to land on Runway XXC by Tower on frequency XXX.XX at ZZZ. While outside a 5 mile final; I heard Tower issuing hold short instructions to another aircraft; Aircraft Y. That aircraft was issued instructions to hold short of Runway XXC at Taxiway X; so we could land. I overheard some confusion with that aircraft by the pilots with that clearance to hold short. As we were approaching 500 ft. above the ground; I remembered hearing the confusion that the Aircraft Y had with the hold short instruction; so I looked towards Taxiway X to make sure that the aircraft was actually holding short of our landing runway. The sun was starting to go down at this time; so it was very difficult to see the Aircraft Y and its position relative to the hold short line at that taxiway (from the altitude we were at). It did appear however that the aircraft was behind the hold short line and was indeed holding short of our landing runway. As a result; we elected to continue the approach and land. During the landing roll out on [Runway] XXC rolling past Taxiway X; it was clearly evident that the Aircraft Y was 1/3 across the hold short line and was technically in a runway incursion status while we landed the aircraft. On the landing rollout; I queried Tower; my exact words; 'Tower Aircraft X; on the landing rollout; it would have been nice to know that Aircraft Y was across the hold short line at X.' I was Pilot not Flying (PNF) and then at 60 kts.; I took the flight controls and cleared the runway. While taxiing in; the Tower Controller queried the Aircraft Y if he was actually holding short and the Aircraft Y pilot actually admitted over frequency that he was across the hold short line by 3-5 ft. (it was clearly more than that however; it was the first 1/3 of their aircraft). Upon taxi in; we were given a phone number to call and I discussed the situation with a ZZZ Tower Manager. He agreed that ASRS reports should be filed. Captain's Analysis: We should have initiated a go-around if any doubt at all existed that the aircraft was not holding short of our landing runway. I should have queried ATC before landing to ensure if the aircraft was holding short (after hearing the previous confusion with the Aircraft Y crew on the hold short instructions on frequency while we were outside a 5 mile final). Aircraft Y should have informed the Tower that they had accidentally crossed the hold short line and Tower could have then issued us a go-around clearance. ATC could have double checked to ensure Aircraft Y was holding short after the previous confusion existed.

Second reporter narrative

I was landing on [Runway] XXC and on rollout the captain noticed that an airplane was hanging over the hold short line of [Runway] XXC and Taxiway X. He (Captain) notified ATC because it was a significant incursion and if we had known there was no way we would have landed. The landing did not have any incident other than seeing (again we were on rollout when we noticed) the other aircraft over the hold short line. ATC wanted to talk to us so we called them. They encouraged us to file reports. ATC said we were not in any kind of trouble. Runway incursion while landing.

Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.