B737 MAX 8 flight crew reported a B737 flew close overhead after a miscommunication occurred with ATC regarding a clearance to access the runway for departure. The flight crew also noted that the aircraft TCAS was inoperative; and that was easy to miss; because the 'TCAS FAIL' message was only displayed on the Captain's HUD.

Date: 2024-08 · Aircraft: B737 MAX 8 · Phase: taxi

Anomalies: atc-issue-all-types|aircraft-equipment-problem-critical|conflict-ground-conflict|critical|conflict-nmac|deviation-discrepancy-procedural-clearance|deviation-discrepancy-procedural-published-material-policy|ground-incursion-runway

Synopsis

B737 MAX 8 flight crew reported a B737 flew close overhead after a miscommunication occurred with ATC regarding a clearance to access the runway for departure. The flight crew also noted that the aircraft TCAS was inoperative; and that was easy to miss; because the 'TCAS FAIL' message was only displayed on the Captain's HUD.

Narrative

We were #2 for departure Runway XXL; ZZZZ [airport] behind a 787. Weather good; XA:00; but well rested. Our TCAS was inoperative. Normal airport traffic. Upon reaching end of runway; Tower cleared the 787 in front of us for takeoff and then cleared us and we read back: 'Aircraft X; AFTER departing aircraft; cleared line up and wait XXL; AFTER.' The 787 took the runway and departed in front of us. We cleared final; no visible traffic; and we lined up in position; with our runway turnoff lights appropriately turned on. FO hacked the clock for wake separation. There was NO radio traffic on our frequency the entire time we waited in takeoff position other than sending the 787 ahead of us to Departure Control. At about 2 minutes + 20 seconds; about the time we expected takeoff clearance; a B737 aircraft overflew us from behind; executing a very low missed approach over our Runway; XXL. I would estimate its height not more than 200 ft. over us. I; the CA; jumped on the radio and asked 'Tower; ARE YOU UP????'. There was a pause; and Tower responded; 'You were cleared to line up behind 737'; we feel this was in error and we would never be given a clearance onto a runway behind a departing aircraft AND ADDITIONALLY after a landing aircraft that must have been 6+ miles away. After another pause; Tower gave us departure clearance. We evaluated our fitness and elected to continue. As we recall: Landing clearance to XXL; missed approach call; and missed approach instructions from the over-flying B737 aircraft were never heard by us; on our frequency.Cause: Neither of us were foreign language speakers; but both highly experienced: 2;000 hours + in seat; in line training B737 flying. We don't think language skills were a factor here. TCAS FAIL message in 737 MAX is only found in CA's Heads-up Display (HUD); when it's deployed. Consider adding a TCAS FAIL message on multi-function display or elsewhere. This missing awareness was critical. Possibly; simultaneous frequencies were in use for our runway.

Second reporter narrative

Taxied to Runway XXL via Taxiway 1; checked in with Tower holding short on Taxiway 1 and was told to hold short XXL at [Taxiway] 2 and that we were 2nd for departure; there being an aircraft on the runway and a 787 holding short at [Taxiway] 3. The 787 enters XXL and is cleared for takeoff and we are given a clearance to line up and wait XXL after Boeing 787. That is what we understood the clearance to be and read back cleared to line up and wait Runway XXL after departing traffic/787. Both the CA and I were on the same page as to what we understood to be the instructions. Turning onto the runway we cleared; turned our lights on; and cleared both left and right acknowledging the 787 on takeoff roll and a clear final. Once we were stopped on the runway I hacked the clock to track our wake turbulence separation from the heavy. At 2 minutes I mentioned we were good on our timing. We continued to sit there ready for takeoff when all of a sudden we heard the engines of a plane flying directly over us. We were both a little stunned and trying to figure out what happened. The radios to our recollection had been quiet the whole time we were lined up and waiting on the runway except for what I believe was the 787 getting pushed to departure. After a few more moments and hearing nothing from Tower the Captain queried them. The Tower's response was that the clearance was to line up and wait after the 737; apparently; who had went around over us. We were quite perplexed because that's not what we read back; it's a clearance I would never have expected to receive line up after aircraft landing 7+ miles out and we had been sitting on the runway with our lights on for minutes right in front of the Tower; and nothing was ever said. We asked what Tower would like us to do and they cleared us for takeoff. There was no further radio discussion of this event. After discussing and ensuring we were both in the right mind frame and ready to continue; we proceeded to depart the field.Cause: I feel like the very nonstandard clearance/instructions as well as the language barrier were the biggest factors contributing to the situation. If Tower said Boeing 737 in his lineup and hold instructions it was hard to distinguish between Boeing 787 which was beginning its takeoff roll right in front of us. Also all the other calls to the other aircraft were being made in a different language so if he did clear another aircraft to land it would of been in that language. We didn't hear a lot of radio traffic that would sound like a plane executing or being told a go around. The Boeing 737 had to be miles out on final because we saw no landing lights when entering the runway and were in place for minutes before it passed overhead. I still can't fathom being cleared to line up and wait behind a departing aircraft AND another aircraft miles out on final. I feel like a continue to hold short Runway XXL; landing traffic is on X mile final would be a more appropriate instruction.

NASA callback

Reporter confirmed the aircraft type as B737 MAX.

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