SMA PLT WAS CLRED TO LAND WITH A BA31 SEQUENCED TO FOLLOW. THE BA31 OVERTOOK THE SMA ON SHORT FINAL. LCL CTLR INSTRUCTED THE SMA TO EXECUTE A GAR. THE BA31 DID NOT HAVE THE SMA IN SIGHT. THE SMA PLT REFUSED THE GAR AND LANDED. THE BA31 EXECUTED A GAR. SMA PLT BELIEVES TWR DID NOT HAVE THE RIGHT UNDER FAR 91 PT 113 TO INSTRUCT HIM TO GAR.

Date: 1998-03 · Aircraft: Cessna 152

Anomalies: deviation-discrepancy-procedural-clearance

Synopsis

SMA PLT WAS CLRED TO LAND WITH A BA31 SEQUENCED TO FOLLOW. THE BA31 OVERTOOK THE SMA ON SHORT FINAL. LCL CTLR INSTRUCTED THE SMA TO EXECUTE A GAR. THE BA31 DID NOT HAVE THE SMA IN SIGHT. THE SMA PLT REFUSED THE GAR AND LANDED. THE BA31 EXECUTED A GAR. SMA PLT BELIEVES TWR DID NOT HAVE THE RIGHT UNDER FAR 91 PT 113 TO INSTRUCT HIM TO GAR.

Narrative

WHILE TURNING ONTO A L BASE FOR RWY 29 AT SBP; THE TWR INSTRUCTED ACFT Y; WHO WAS ON A R BASE; THAT THEY WERE #3 TO FOLLOW US. ACFT Y RPTED THEY DID NOT HAVE US IN SIGHT AND ASKED THE TWR TO CALL THEIR BASE. AS WE TURNED ONTO FINAL THE TWR INSTRUCTED ACFT Y TO TURN R BASE; BUT FAILED TO AGAIN INFORM THEM THEY ARE FOLLOWING TFC NOW ON ABOUT A 3/4 MI FINAL. AFTER REALIZING THAT ACFT Y HAD NOT BEEN INSTRUCTED TO FOLLOW US; I LOOKED OVER MY SHOULDER TO SEE HOW FAR BEHIND US THEY WERE. AT THAT TIME; THEY WERE WITHIN 1 MI AND WE WERE ON APPROX A 1/2 MI FINAL. I ASKED THE TWR IF ACFT Y HAD US IN SIGHT. THE TWR ASKED ACFT Y IF THEY HAD US IN SIGHT. THEY RESPONDED BY SAYING 'WE HAVE THE ACFT ON THE RWY IN SIGHT.' AT THIS POINT THE TWR INSTRUCTED US TO GAR AS WE WERE NOW ON A 1/4 MI FINAL. I RESPONDED WITH 'NEGATIVE' AND ADVISED THE TWR WE WERE GOING TO LAND. THE RWY WAS CLR WITH NO VEHICLES OR OTHER ACFT ON THE RWY. THE TWR AGAIN INSTRUCTED US TO GAR AND AGAIN I INSTRUCTED HIM WE WERE GOING TO LAND; SINCE WE HAD BEEN CLRED TO LAND. THE TWR CALLED FOR A THIRD TIME AS WE WERE TOUCHING DOWN TO TELL US TO GAR; AND AGAIN I TOLD HIM NEGATIVE. THIS WHOLE TIME ACFT Y WAS CONTINUING ON FINAL BEHIND US BEFORE HE WAS FINALLY TOLD TO GAR. I BELIEVE THIS IS AN EXAMPLE OF A BREAKDOWN OF THE CTLR'S SEPARATION CRITERIA FOR FAILING TO INFORM ACFT Y TO FOLLOW US; AND FAILURE OF ACFT Y TO SEE AND AVOID US. WE HAD ALREADY BEEN CLRED TO LAND. I ALSO BELIEVE THIS SHOWS THE TWR'S FAILURE TO FOLLOW BOTH THE FARS (SPECIFICALLY 91.113(G)) AND CTLR'S HANDBOOK WHEN HE TOLD THE LOWER AND ACFT CLOSER TO THE RWY TO GAR. MY PERSONAL OPINION AND FEAR IS THAT I WOULD HAVE BEEN IN ACFT Y'S FLT PATH IF I HAD INITIATED A GAR. THE TWR ALSO FAILED TO MAKE SURE THAT ACFT Y UNDERSTOOD THEY WERE FOLLOWING ANOTHER ACFT; AND FAILED TO ENSURE THEY HAD THAT ACFT IN SIGHT BEFORE ALLOWING THEM TO TURN BASE.

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