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Brazil Finds Out the Truth, But Show Against US Pilots Must Go On PDF Print E-mail
2007 - September 2007
Written by Joe Sharkey   
Thursday, 20 September 2007 17:47

Brazilian protest after TAM air accident Given that the two American pilots of the Legacy 600 are now on trial, in absentia, on criminal charges that carry prison time in Brazil, it's interesting to see how conventional wisdom has finally evolved in Brazil to accommodate realities that were violently in dispute for many months after the September 29, 2006, crash.

Take this article by Concetta Kim Martens of the Council on Hemispheric Affairs, a think-tank whose interests include "the formulation of rational and constructive U.S. policies towards Latin America." The article was published on the organization's Web site, www.coha.org, and republished by Brazzil Magazine (www.brazzil.com), where it drew lively reader comment.

Obviously, I have no quarrel with the essence of the article.

That's because nearly every assertion in it was first made a long time ago on this blog. But that was way back when no one else in the media was even raising the issues of the soundness of Brazil's air-traffic control system, or criticizing the reckless rush by the Brazilian government, military and Federal Police to criminalize the September 29 accident and scapegoat the American pilots.

Now that accuracy is winning the battle, we need to encourage perspective to march forward. So I need to point out that the COHA article, while essentially correct in its points, shades history a bit. And as I sense we are nearing the point where journalism must tip its fedora to history, I am sure Ms. Martens will forgive my nit-picking.

For one thing, she muddies the facts a bit on the demeanor of air-traffic controllers after the accident. "Since the September 29 Gol crash over the Amazon, controllers felt unfairly targeted for splenetic criticism they were receiving from the public, and reacted by staging several work stoppages ..." she writes.

Didn't happen quite that way.

Here is what did happen:

First the American pilots were recklessly and, it seemed to me universally, scapegoated. It took a while for the public in Brazil to become aware of, or concede, the role of air-traffic control in the accident.

Remember how long the ex-defense minister, Wonderful Waldir Pires, loudly insisted that the pilots caused the crash by performing reckless aerial loop d loops over the Amazon? Nobody in power told him to put a lid on that nonsense, including his boss, the President, who won a runoff election amid the passions of the disaster, which had occurred two days before the polls opened.

Only in time did the general public, but not the authorities, acknowledge that the September 29 crash had been set in motion by a series of egregious errors by air traffic controllers, who themselves were working in deplorable conditions with faulty equipment within a system beset with major technological deficiencies in radar and radio communications, especially over the Amazon.

Initially, as I argued last October, November and afterward, the air-traffic controllers' protests were basically a warning shot across the bow of government and military to not implicate air-traffic control in the blame.

What actually happened was that low-ranking controllers - fearing that they, too, might become scapegoats along with the pilots (which in fact ultimately happened) - clammed up while the American pilots remained in custody in Brazil.

While the pilots twisted in the wind, the core group of controllers who were on duty during the accident - the people who knew, for example, that air-traffic control was aware of the transponder malfunction on the Legacy for 50 minutes before the crash and failed to raise the alarm - remained silent, went to ground and refused to answer any questions, citing psychological trauma.

As the protests continued for months, air traffic in Brazil was thrown into chaos.

For months after the September 29 accident, public sentiment, whipped up by xenophobic Brazilian media, had focused sharply and exclusively on the Americans as culprits. There was no "splenetic criticism" in Brazil of the air traffic controllers that I am aware of. Of course, I was raising criticism of air traffic control on this little blog. It wasn't splenetic - though the outraged and verbally violent reaction to it certainly was.

Ms. Martens does zero-in effectively on some of the official nitwits who continually brayed that all was well in Brazil's skies; that the September 29 disaster was caused strictly by reckless, arrogant Americans; that Brazil's skies and airports were under world-class supervision and that to say otherwise was a base calumny and an insult to the honor of the nation.

Of course, the official indignation all rang a bit hollow again in July, when another airplane crash killed 199 people at overcrowded, unsafe Congonhas Airport in São Paulo, Brazil's busiest.

Wonderful Waldir Pires, the obstinate Defense Minister responsible for air-traffic control, was finally out the door. So was José Carlos "Sunshine" Pereira, who ran the airports authority and suggested that it was slander to suggest that anything, anything might be wrong with Brazil's aviation system.

Sunshine Pereira ranks right up there near Wonderful Waldir as a classic character in this story. Pereira steadfastly insisted after the September 29 crash, even as the evidence became manifestly clear that both aircraft had been put on a collision course at 37,000 feet by air traffic control, that "it is not the best moment to carry out changes" including addressing the inept military control of civilian aviation.

Later, as international aviation groups expressed outrage at the way Brazil had clumsily politicized and criminalized the September 29 accident, and even after the second horrible accident in July, with 350 now dead in two disasters in 10 months, Sunshine Pereira stood by his rusty guns.

"Brazil does not need international help," he proclaimed, inanely. "The crisis is ours. The dead are ours."

Shortly after, he was ducked-walked off the deck.

But as Ms. Martens writes, the President remained in a defensive crouch. "The security of our aviation system is compatible with all other international standards," Lucky Lula proclaimed. As recently as three weeks ago, Lucky Lula was still scoffing at the fact, otherwise widely accepted all over the world, that there are black holes and blind spots in air-traffic control radar and radio communications over the Amazon.

I assume Ms. Martens' small deficiencies in context and nuance are a consequence of the demands of concise summary. She writes: "President da Silva's government has come under a great deal of fire for failing to properly address the nation's air-travel safety, an act that according to several aviation experts, and the adamant belief of a good deal of the public sentiment, led to the air disaster" [s]

Well, I'm here to repeat, for the record, that this "public sentiment" took a long time getting its socks on, and even longer to reach the level of being "adamant."

And I should also point out that, while public sentiment may well have finally come around to the truth, as Ms. Martens asserts, two American pilots remain on trial on spurious criminal charges that public sentiment realizes were trumped-up.

Joe Sharkey writes, mostly about travel. He has been a columnist for the Philadelphia Inquirer, a reporter and editor for the Wall Street Journal and a columnist for the New York Times. On September 29, he was one of seven people aboard a business jet involved in a mid-air collision with a commercial Boeing 737 over the Amazon. All 154 people on the 737 died, while the business jet managed to land at a jungle airbase. Sharkey's account of the crash appeared on the front page of the New York Times and later as a 4,000-word magazine article in the Sunday Times of London. Comments can be sent to  Sharkey_Joe@yahoo.com.

This piece appeared originally at "Joe Sharkey: Brazil," one of the author's blog, which can be found in  http://sharkeyonbrazil.blogspot.com.



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Comments (55)Add Comment
"Nobody in power told him to put a lid on that nonsense, including his boss, the President"
written by ch.c., September 21, 2007
Cheaters, liars and crooks always defend their peers....by definition !
They are member of the same well known club : Brazil.

Brazil did not need foreign help, but still BEGGED for help by having US investigators.

In the second plane crash, Brazil also did not need foreign help . But they sent to the USA part of the wing believing it was the
recorded black box !!!!!!!

On the next plane crash the Brazilian "experts" may as well send an Ipod to the USA, believing it will be the black box !!!!!!!!
It will certainly make more sense than part of a wing !!!


LAUGH....LAUGH.....LAUGH !!!!!!!
ohhhh...and the brazilians "air security experts".........
written by ch.c., September 21, 2007
...found normal that cisterns with fuel reserves are located...at the end of a landing strip !!!!!!!

And they got a large BBQ just waiting to happen.

Truly experts these brazilians "air security experts".

But to their defense the second crash did not happen in the air....but while the plane tried to land.
...
written by non-brazilian, September 21, 2007
I´m looking for substance in the article.....did i miss it?
Mr. Joe Sharkey...
written by Costinha, September 21, 2007
Do you have brain constipation??? Your biased arrogant article is obnoxious!

You need an enema and I have a wooden spoon perfect for the job. Let me know if you need further assistance!

Meanwhile, don't breed!
"I´m looking for substance in the article.....?"
written by Jose Cuervo, September 21, 2007


For a start you might try opening your eye's, been known to help.

"Meanwhile, don't breed!"
written by Jose Cuervo, September 21, 2007
Your undoubtedly a most novel breed, a cross between a horse's ass and donkey's brain.
Seems to have worked
written by Ric, September 22, 2007
Took Joe Sharkey to stir Costinha up enough for him to rant and rave again . He´s still out there. A Prisoner, as C.B. might put it.
A man has got to know his limitations.....
written by Bobao, September 22, 2007
If there was any doubt as to the BASIC lack of competence of the Brazilian air safety investigators involved in the Congonhas accident, all doubt was removed when they sent what they had identified as the flight data recorder to the NTSB. The Safety Board guys in Washington are probably still rolling around on the floor laughing after taking a look at what the Brazilian investigators were calling the "black box." With the level of technical skill the Brazilians have demonstrated thus far, it is quite obvious why a significant degree of foreign assistance has been required.

The lack of internal expert technical advice was, in my opinion, the main reason that the Brazilian politicos came off looking so inept. Of course I'm giving them the benefit of the doubt by assuming that were given bogus information and advice from the investigators at the scene.

Before pointing fingers at the individual investigators involved, it should be remembered that an investigator, Brazilian or anyone else, is only as good as the training and experience he has received. The program that CENIPA calls their air safety investigator’s course is, to put it kindly, a joke. Until CENIPA is able to train technically competent investigators, the majority of the systemic problems contributing to accidents and incidents will continue to be missed.
well...where is the substance?
written by non-brazilian, September 23, 2007
be nice and summarise for me......he was on the plane so he can certainly help us know about the food and drinks being served
Costinha...
written by me, September 24, 2007
Watch out for Costinha, he has a wooden spoon, and he's hungry again! He must have finally digested the results from the last "enema" that he performed.

And the transponder...?
written by PT, September 25, 2007
Perhaps I missed something, though I have followed this story since that fateful day. Why was the transponder in the Legacy 600 off? Given the comment, "the fact, otherwise widely accepted all over the world, that there are black holes and blind spots in air-traffic control radar and radio communications over the Amazon.", I would expect a pilot would want to be especially certain the transponder was functioning while in such an area. Should these pilots not share some part of the blame based on either their intentionally or negligently turning it off? Didn't Raytheon say it was tested and found to be in working order? Would it not have signalled a warning, and caused the pilots to take evasive action?

These pilots have the choice to appear at their trial, and they could testify in their defense. If their intentional or even negligent act contributed to this disaster, they should be punished accordingly.

I must admit, though, that the level of press freedom in Brasil has its drawbacks at times. Such as in this case, where pure speculation is reported and, unfortunately, when it is a first impression it becomes lasting and difficult to overcome even once the investigation is completed and the facts are established.

Brazil sucks (or at least it's systems)
written by Yowser, September 25, 2007
People who operate on facts and truth know well enough how inept the evolving Brazilian systems are, including their air traffic control system. Need I say more? All the comments and critiques of the article are but wasted typing and wasted time....

Mistakes and failures are an opportunity to do better, to come up with better systems to avoid failures of the past. As Dr. Kissinger once said, "...failures are the pillars of success..."
USA sucks (and all it's systems)
written by Yowser, September 25, 2007
People who operate on facts and truth know well enough how inept the evolving American systems are, including their air traffic control system. Need I say more? All the comments and critiques of the article are but wasted typing and wasted time....

Mistakes and failures are an opportunity to do better, to come up with better systems to avoid failures of the past. As Dr. Kissinger once said, "... mistakers are the feeders of the american foreign policy process..."
Brasilians Invade Memphis Air Traffic Control System!!!
written by PT, September 26, 2007
http://www.reuters.com/article...7920070925

Not content with their own incompetence, Brasilians have apparently invaded the Memphis air traffic control system! Where will they strike next?
Strike Next?
written by Ric, September 26, 2007
Who knows? The only time a Brazilian airport was bombed, it was bombed by Brazilians against other Brazilians. Campo de Marte, 1932.
Don't Blink PT
written by Simpleton, September 27, 2007
Yes, the transponder reply light will blink when you're getting pinged by someone within range with an also working transponder. Pilots basically don't look / watch for that. Might even be considered a nuisance if one has thin eye lids and is trying to take a nap with ones head laying down on the pedestal control panel.

To my knowledge, Raytheon had nothing to do with this lest they were somehow involved, at the Brazilian investigating professionalias request, in the testing of the Honeywell transponder when it was escorted to the EUA for factory testing. Does Raytheon, in some other capacity, provide services to Embraer? If anyone has inside info on that front please come forward - might lend us a new insight as to Brasileiro / Gringo cover up relations indeed.
Why is Joe still whipping this dead horse?
written by Zonker Harris, September 27, 2007
His comments always boil down to "We know Brazilians are uneducated Barbarians, so they HAD to be at fault!"

Meanwhile, the Brazilian crowd's commentaries generally boil down to "We know Americans are arrogant, imperialist bastards, so THEY had to be at fault!"

Anyone who's actually reading this article and the commentaries in order to inform themselves about this tragedy needs to have their head examined.
...
written by Kelly Key, September 27, 2007
Hey Joe, I see in your bio that you were once an "editor" (cof, cof) for the New York Times. Is this the sort of partisan reporting they taught you there? "Lucky" Lula? "Sunshine" Pereira?

How about "Genius" George Bush? When will we see that sort of comment in one of your "objective" articles, boy?
CPI report in my blog
written by Joe Sharkey, September 28, 2007
i]For the pilots, the following procedural failures can be listed, besides that indicated as determining:
• the lack of proficiency in the handling of the Embraer Legacy aircraft, especially in the operation of its avionics, characterizing incompetence;
• not using the communications failure code on the transponder;
• not using the emergency frequency in due time when the communications failure was characterized;
• conducting the aircraft in an imprudent manner and being negligent of security rules; and
• the low situational awareness of the Legacy’s crew.
The investigated, JOSEPH LEPORE and JAN PAUL PALADINO, although they were responsible for the navigation of the Legacy N600XL aircraft, did not comply with the norms contained in ICA 100-12. The pilot as well as the co-pilot did not conduct the aircraft in accordance with the flight plan presented to the aeronautic authorities before takeoff. They turned off the transponder device and did not perceive the error, because besides not observing the constant signals on the aircraft panel they did not undertake emergency procedures, when they were more than an hour out of contact with the control towers, which would be: activate code 7600 on the transponder.
Besides this, although they had consulted, before the trip, the aeronautic route chart for Brazilian air space and traced the desired route with a highlighter, they traveled on airway UZ6, considering the direction of the aircraft, at a flight level that did not correspond to the rules of air traffic. The pilots assumed the risk of producing the result, that is, even knowing that they were traveling at the wrong level for the desired direction, since they had consulted the aeronautic chart, accepted the risk of practicing an attack against the safety of aerial transport (reckless endangerment).
The authors were conscious of the possibility of the accomplishment of the crime and, even so, continued to practice the conduct. They did not directly want the result, but having conscience of it, acted. It remains clear that what happened was foreseeable because of the conduct followed, however, the agents remained indifferent to the result, accepting it consciously.
Therefore, it's concluded that JOSEPH LEPORE and JAN PAUL PALADINO practiced, though reckless endangerment, the crime of Attempt against the security of aerial transport with the occurrence of destruction of an aircraft, in aggravated form in reason of the occurrence of deaths (Article 261 § 1° combined with 263, both in the Criminal Code).

Paladino to Lepore 30 minutes before collision: "We should get through this flight that way to build our confidence so we don’t # (f**k) anything up.". You know what happened smilies/sad.gif
About COHA
written by Joe Sharkey, September 28, 2007
"Larry Birns is the director of the Council on Hemispheric Affairs (COHA), a liberal, not-for-profit organization monitoring human rights and political developments in Latin America. The Boston Globe describes Birns as a lobbyist and a liberal critic of U.S. policy, and The New York Times says the Council on Hemispheric Affairs is a liberal research group specializing in United States-Latin America relations,[2] and an organization critical of Reagan Administration policy in Latin America.
Birns was born in 1929 and grew up in New York City. He graduated from Columbia University and did postgraduate work in the social sciences at Oxford University. Before founding the Council in 1975, Birns taught at Hamilton College and served with a United Nations mission in Chile during the Salvador Allende government."
(WIKIPEDIA)

Well, it was said of The New York Times that The New York Times will do everything for Latin America except visit it. It happens that most of the journalists, the correspondents give measured and fair and balanced treatment. But I do think that these editorials are simply scurrilous. It's basically an issue probably more of style than substance. I mean, Chavez is the kind of fellow that you don't find at Eton – bad instincts for public relations, bizarre antics. But this is Chavez's playful style. That has nothing to do with the quality of his thinking and the proposals that he's made. He is not a cruel, heartless man. He is not a Pinochet. He's anything but a Pinochet." (BIRNS)

"RCTV is arguably the most scabrous example of yellow journalism in Latin America. It's an advocacy outfit, and it was one of the major plotters of a coup against Chavez back in April of 2002. This station engaged in trick photography and all sort of scandalous behavior in order to advance that coup." (BIRNS)

Joe Sharkey
written by João da Silva, September 28, 2007
Joe, how many days of your life have you spent in a) Brazil b) Vietnam ?

I know that you were decorated for valor in performing your " duties" in NAM. I am interested in knowing what sort of "duties" were you performing ?
Joe Sharkey
written by Wiken, September 29, 2007
It's incredible how far a second-class journalist can go in his quest for notoriety. That bulls**t about Lepore & Paladino not being subject to criminal charges is a marvelous piece of impudence and, of course, blunt ignorance. What is even more incredible is that readers out there have no difficulty in following Joe Sharkey. Not only readers, but also some pilots' associations and other people who are clearly trying to protect the two American pilots - just because they are Americans, thus above the law. This is a very sad story, and I'm really sorry about those poor souls who are so naive as to trust such an avid practitioner of yellow journalism.
Wiken
written by João da Silva, September 29, 2007
What is even more incredible is that readers out there have no difficulty in following Joe Sharkey.


Sorry,Wiken. Before I make my comments, I would like jolly good ole Joe to answer to my questions I posted earlier. I hope that he remembers that it is first birthday,tomorrow (Sep 29th)
Something more going on here
written by Ric, September 29, 2007
Than meets the eye. So many unfounded allegations, so much venom and hate. Arengueiros tão fumando numa quenga, doutor.
Translated?
written by Simpleton, September 29, 2007
"They turned off the transponder device and did not perceive the error, because besides not observing the constant signals on the aircraft panel they did not undertake emergency procedures, when they were more than an hour out of contact with the control towers, which would be: activate code 7600 on the transponder."

Is the above fairly representative translation of text contained in the legal charges filed in Brazil?

a) They turned off the transponder device
ans: Assumed to be true

b) and did not perceive the error
ans: Given a) is true, b) is a fact - I'd say hang em and hang em high boys

c) because besides not observing the constant signals on the aircraft panel
ans: Assumes that such signals were present consistent with intended design and functioning of the system which was checked out / tested by the manufacturer before delivery which also included warranting of the communication system for proper functioning AND no individual parts of which have yet been demonstrated to be other than in proper working order

d) they did not undertake emergency procedures
ans: Fact. Prior to collision there was no emergency

e) , when they were more than an hour out of contact with the control towers
ans: Fact. Reportedly not uncommon and not in itself cause for declaring an emergency except by the controlling element

f) , which would be: activate code 7600 on the transponder.
ans: Fact. When the emergency existed, the crew dutifully activated code 7600 as soon as was possible

Spose maybe Joe used to be a 'foto' journalist? Valor in snapping candid shots of the other Joe's with the 13 and under crowd in NAM?

Anybody hear more on whatever happened to the ride alongs reportedly secreted on board keeping the aft pax happy? Were they just dumped out / magically vanished at the air base?
Ric
written by João da Silva, September 29, 2007
Arengueiros tão fumando numa quenga, doutor.


Ric, even my wife who is a Portuguese literature major could not understand this expression. Of course, we are simple folks from Southern Brazil smilies/angry.gif

Mind translating into plain Portuguese (or English)?

As for your statement "So many unfounded allegations, so much venom and hate", I agree with you. I always said that I would rather prefer to wait till the final report comes out,before making any comment. Too many people speculating on things that they dont have expertise in. As you said rightly, just venom and hate and nothing else. It is a pity that they forgot the 154 souls, who perished. I am afraid the same thing is going to happen to the almost 200 at Congonhas with TAM 3504.

Nevertheless, I am awaitng the answers from Sharkey to the questions I asked.
There is no way...
written by Brazilian Dude, September 29, 2007
such an incident would have happened without f**kups from both sides.However, as a Brazilian, I am more concerned with fixing up our side's mistakes than hanging the pilots. Let them stew for the rest of their lives in their conscience's fire. What really gets to me is that our air-control and especially our air-defense system lost track of a plane in our skies.So is this how it's gonna be if Chavez's brand-new Sukhoi fighters come calling? Where the f**k went all the SIVAM money?
Sources
written by Joe Sharkey, September 29, 2007
People,

The principal references for the investigative work reported above, among others, are listed the documents below:
• the Report of Facts produced by investigation specialists of the National Transportation Safety Board (NTSB), in its form translated from the English language to the Portuguese, which refers to the transcription of the conversations (and of other noises) captured and recorded on the CVR (c**kpit Voice Recorder), or c**kpit Voice Recorder, one of the so-called “Black Boxes” of the Legacy aircraft;
• Technical Report nº 1.187/2007-INC, of the National Criminalistic Institute / Federal Police Department;
• The report and some items of Police Inquiry nº 670/2007-SR/DPF/MT, along with some accessory magnetic recordings.Embraer Model Legacy

The task of transcribing the Legacy’s Black Box was conducted by a team composed of a chairman and three members:
- Albert G. Reitan, Transportation Safety Specialist (CVR), National Transportation Safety Board (chairman of the group);
- Steven M. Demko, Air Safety Investigator, National Transportation Safety Board;
- Tony James, Air Safety Investigator, Federal Aviation Administration (FAA) which is part of the United States Transportation Department; and
- Greg Brinkman, Chief Operating Officer, ExcelAire Service, Inc.
The North American nationality of the entire team should be brought out, and the participation of an employee of ExcelAire itself, which, in this case, attests to the credibility and exemption of the report in question, especially in terms of what is says about the circumstances which touch the Legacy pilots, both equally North American.
...
written by Wiken, September 29, 2007
Anyway, who gives a s**t to Joe Sharkey? He is but a minor character at this drama, and a scandalmonger who is trying to take advantage of the tragedy and the pain of relatives and friends of those who died.His advocacy on behalf of the two retarded guys who were in charge of that plane is just laughable. It's amazing that some people take him seriously. Sharkey feels himself very very lucky, as he has gathered enough material to claim some fame, if not in America, where he remains unnoticed, at least in a foreign country where there still are some people who have behaved as obedient pets under his command.
Brazilian Dude
written by Jõao da Silva, September 29, 2007
Where the f**k went all the SIVAM money?


Not all the Brazilians have short memories smilies/grin.gif
So you too remember about SIVAM, eh?
Oh, yeah.
written by Brazilian Dude, September 29, 2007
Interestingly enough, then and now, Raytheon shows it ugly face... then and now, lies and cover-ups... not a coincidence.The more things change,the more they stay the same, heh?
...
written by Papo de Samba, September 29, 2007
Arengueiro
1. que ou aquele que arenga; que faz intrigas, mexericos (diz-se de indivíduo)
2. Regionalismo: Rio Grande do Sul.que ou aquele que não se deixa pegar (diz-se de cavalo)

Quenga
1. vasilha feita de metade de um coco-da-baía da qual se retira a carne
2. Derivação: por metonímia o conteúdo dessa vasilha; quengo
3. Uso: tabuísmo mulher que exerce a prostituição; meretriz
4 .Uso: informal coisa imprestável, inútil
(HOAISS)

"E bloco era o que não faltava na Mangueira. Só no Buraco Quente havia o da Tia Fé, da Tia Tomázia, do Mestre Candinho e o mais famoso de todos, o bloco dos Arengueiros. Foi Cartola, que aos 19 anos, sentiu que era a hora de canalizar o dom natural dos malandros do bloco, a fim de mostrá-los de uma forma mais civilizada, com todo o potencial rítmico e coreográfico herdados do ancestral africano. Então, no dia 28 de abril de 1928, reunidos na Travessa Saião Lobato, 21, os arengueiros Zé Espinguela, "Seu" Euclides, Saturnino Gonçalves (pai de Dona Neuma), Massu, Cartola, Pedro Caim e Abelardo Bolinha fundaram o GRES Estação Primeira de Mangueira." (PAPO DE SAMBA)
Papo de Samba
written by Jõao da Silva, September 30, 2007
Obrigado.
Brazilian Dude
written by Jõao da Silva, September 30, 2007
Dude, my entire day was spent obeying the orders of my Missus. She does not trust anybody else other than my good self to change the electrical installations! Man, I am now having a cold beer and I ordered her to stop bugging me until 10 A.M tomorrow. Hope she obeys my orders, which is highly unlikely smilies/angry.gif

Dude, you better take your Missus out tonight and enjoy the night. I hope you have briefed her on this Ratheon business and SIVAM and I am sure she is as upset as we are.

Whilst on the subject, could you please refresh my fading memory about the names of other bidders for SIVAM? It is an interesting subject indeed.

In the meantime, you better enjoy the company of your Missus and don't you ever offer to fix the shower,change the electrical installation,etc; smilies/grin.gif
...
written by Ric, September 30, 2007
An arengueiro is a troublemaker. The idea is, why are people who apparently have no personal stake in this case, so pissed off? Who are they, really?
Ric
written by Jõao da Silva, September 30, 2007
An arengueiro is a troublemaker. The idea is, why are people who apparently have no personal stake in this case, so pissed off? Who are they, really?


An extremely interesting question you asked,Ric. I am waiting for the answer too. You are much more subtle than I am. Ian Flemming would have been proud of us both smilies/cheesy.gif
...
written by PT, September 30, 2007
Conspiracy theorists, I am sorry to disappoint you but I understood the transponder was a Raytheon unit. I stand corrected. My mistake.

I do appreciate the response from Mr. Sharkey. Not being a pilot, it is difficult to know what is and what is not "normal" during a flight of this type, to some it might seem completely normal to be out of contact while flying over the vast Amazon region, to others the failures to establish radio contact might be an emergency in and of itself. I suppose that situation is one reason the transponder exists. Without contact with traffic controllers, you are flying on visual flight rules, right? The amount of time you have to avoid a collision when two planes are converging at almost 1,000 mph is minimal, right? I think I would have double checked to be certain the transponder was working.

What still puzzles me is the following: "The leaked ATC communication transcripts included another apparent opportunity for air traffic control to verify or modify the Embraer's altitude, as when it crossed Brasilia, the Embraer was handed off to another controller, where upon initial contact the Embraer stated "N600XL at 370, Good afternoon." The controller responded by asking the Embraer to activate the "Ident" function on the transponder,[56] followed by the controller confirming the radar contact, without questioning the altitude, which was FL370.[57][58]" (from Wikipedia)

I have not read anything as to what the pilots of the Legacy600 have said about how the transponder, apparently activated for the controller, was then shut off. I do not know whether Brasilian law allows them to appear through counsel at their trial, without their actually being there.

RIP to all those lost in this tragic incident on this day one year ago.

...
written by Ric, September 30, 2007
At jet flight levels there is no such thing as VFR. It´s Positive Control airspace. Constant voice contact and xpnder use is obligatory. The transponder/center interrogation and response is not perfect and often intermittant. Transponders have problems all the time and so do the ground radar facilities. Turning off a transponder in flight in upper airspace is unheard of. There´s nothing to be gained and everything to be lost. Some jets have two transponders.
1 o 2
written by Simpleton, September 30, 2007
The second transponder isn't obligatory but you are correct, most jet aircraft have them. The typical pedastal control panel allows for the crew to select between the number 1 or the number 2 transponder (as well as the number 1 or number 2 altimeter source to feed the transponder although that is not really necessary as most transponders are smart enough on their own to use which ever altitude source is working).

Lots a faults here folks and it can't possibly be all oen or oenther so'.
...
written by Ric, September 30, 2007
You mean each transponder has its own mode C and either transponder can use either encoder? I didn´t know that.
Hot standby
written by Simpleton, September 30, 2007
The TCAS / ACAS is a single element, it works with the transponder selected to get its info for comp**ations. If there are two transponders on board only one will be active. (In military birds you either have IFF active or the ATC active - not both.) The commercial / biz world uses Mode S these days not Mode C. The TCAS and ATC controls are invariably combined into a single control panel. Not sure but Gables probably has face panel photos on their website for various combinations of equipage. If not, try Avtech. My guess is the legacy only has one transponder. The transponder receives the altimeter data directly thus even if the TCAS processor goes down, the transponder continues to let folks outside know about you. The selection of which altimeter source is used for the outbound Mode S encoding of ownship altidude is one of the controls you will see on virtually every panel although some of the more sophisticated transponders now auto-select their second input source if the primary source does not pass validation checks. Mode C and use of blind encoders, which is what I think your frame of reference is Ric, just doesn't fly anymore without very heavy burden / restrictions particularly in Europe.
Joe Sharkey
written by Jõao da Silva, September 30, 2007
Oh, as the only survivor who was free to talk and write about the disaster, I went after the truth.


Joe, I just read your blog and am quoting you. Another question: Why were the other 6 members of the "Amazing Amazon 7" NOT free to talk and write? Worried about losing their jobs?

This particular canard was cooked up whole cloth in the media-fanned anti-American hysteria that followed the crash.


I dont think there was an anti-American hysteria until you started feeling "free to talk and write".btw, the American bloggers in this site are mostly ex pats, who read and speak Portuguese much better than you or your Crony in S.Paulo.Sure the they live here,have their families,pay their taxes and have legitimate complaints like millions of Brazilians against the way the things are run.

And do not even think of writing me another hateful letter from Brazil saying I don't care about the dead because I also care about myself.


Joe, here you are getting dramatic and hysterical . I have been reading your blog and the comments you are getting from Brazil are a very few and none of them that hateful (unless you suppressed the hate mails).In fact, the Brazilians don't care about your opinion anymore. As someone said,you are trying to whip a dead horse. However, in my humble opinion, you have very theatrical skill and if you try hard, you may end up as an extra actor in the "Novelas" broadcast by the TV networks in this country.

Joe, you were very very lucky to have survived the accident along with the rest of the 7. 154 were not. Just thank God that you have a second life now and enjoy it.Wait for the final report on the investigations. After all the other 6 who were on board the Legacy still have their jobs, the pilots their license,Boeing selling their jets to Gol, EMBRAER their aircraft to the Americans,etc; You have your job of promoting Business travel and I don´t think that the Business travelers are going to skip coming to Brasil,because of your blogs.

BTW, this is not a hate mail from Brazil,but a friendly advice.Take it or leave it
Clearance
written by FAA, October 01, 2007
4-4-1. Clearance

a. A clearance issued by ATC is predicated on known traffic and known physical airport conditions. An ATC clearance means an authorization by ATC, for the purpose of preventing collision between known aircraft, for an aircraft to proceed under specified conditions within controlled airspace. IT IS NOT AUTHORIZATION FOR A PILOT TO DEVIATE FROM ANY RULE, REGULATION, OR MINIMUM ALTITUDE NOR TO CONDUCT UNSAFE OPERATION OF THE AIRCRAFT.

b. 14 CFR Section 91.3(a) states: "The pilot-in-command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft." If ATC issues a clearance that would cause a pilot to deviate from a rule or regulation, or in the pilot's opinion, would place the aircraft in jeopardy, IT IS THE PILOT'S RESPONSIBILITY TO REQUEST AN AMENDED CLEARANCE.
Joe..
written by Brazilian Dude, October 01, 2007
your flyboys screwed up.However, our air defense screwed up more (and yes, it was our air defense.The rich boys in blue control both civilians and defense systems).
However, just relax.Your flyboys will never do time.They will never have to share a cell with a bunch of psychotic rabid horny killers who will make them their bitches. They live in the U.S., and are for all practical purposes, untouchable.
However, fellow brazilians, we are not.And our neighbor's Flankers are what should be on our mind, not Joe or his seven.
...
written by Ric, October 01, 2007
Oh, absolutely. But how good are the flanker pilots? The guys flying F-15 and F-16s out of Aruba Curacao and Ecuador are pretty good. And with their capability, the battle is decided without a dogfight ever having to take place.
You got a point there...
written by Brazilian Dude, October 01, 2007
Hardware without proper wetware to run it is useless.I just hope he never decides to really train his guys.
Man...isn't it time to let it go?
written by bo, October 03, 2007
Only in time did the general public, but not the authorities, acknowledge that the September 29 crash had been set in motion by a series of egregious errors by air traffic controllers, who themselves were working in deplorable conditions with faulty equipment within a system beset with major technological deficiencies in radar and radio communications, especially over the Amazon.



Welcome back to Brazil! LOL. The above statement I quoted is fact. And I don't give a rats ass if the pilots of the Legacy were Russian, Brazilian, Americans, Nigerians, or a pack of monkies! It is a fact that the very system here in Brazil that alerts ATC's of altitude, transponder signals, and all the characteristics of a flight, at times did NOT work correctly!

I mean for f**k's sake, how could anyone argue about pilots error after discovering that?



Truly boggles the mind.
Bo...
written by Brazilian Dude, October 03, 2007
My point exactly.EVERYONE will. at some point in their flight history, commit an error. The SYSTEM is supposed to be set up to allow for that and correct it. However, the whole ATC and air defense system here is a shambles, and the guys in blue are trying to cover their asses by pointing out wahat "the pilots should have done".
The system is supposed to have a large-scale view of whats going on and not lose track of planes in our skies.I believe there have been tons of pilot errors so far (brazilian pilots) which only haven't resulted in tragedy out of sheer blind luck. That luck ran out with the U.S. pilots; it just was their turn at the russian roulette our skies are, and they lost.
Do I believe they erred? Highly probable.
Do I think it matters? Not at all.
The system failed. That is all that matters.
Joe Sharkey and All the Comments
written by Ralph M, October 06, 2007
Without Joe Sharkey, Brazil would have swept all this under the rug and nothing would have been done. Nothing may happen anyway. Everyone including Joe regrets the lost of those 154 lives. Joe, by remaining active about this, is keeping the pot boiling and saving your skin if Brazil is smart enough to fix things right. The above list of comments is hot air lip flapping. You have vented your pathetic anger, which contributes nothing constructive. None of it will contribute to making a high quality Air Traffic Control System, which you need badly. I hope you feel some relief. Other than that it is all a waste! Not one of you can do anything constructive about this. If you can, what is it? RM
To Ralph M
written by J.C., October 06, 2007
Excuse me. Are you talking about the contents of Joe Sharkey's blog on Brazil? Are you implying that THAT is a contribution (?) Sharkey is making to Brazil? Do you really think he is helping Brazil fix its air traffic problems? Nah, you just got to be kidding.

Oh now I see: in my first glance, I failed to grasp the obvious irony of your post. OK, you caught me on that one. Take it easy pal.
smilies/cheesy.gif smilies/cheesy.gif
Brazilian Air controllers partly responsible for crash, inquiry finds...
written by Shelly, October 06, 2007
What I think of Brazil
written by Joe Sharkey, October 08, 2007
Brazilians are more idiots...than idiots !
Brazil is an arachaïc and medieval country.
Proof of it is that you still harvest most of your sugarcane as you did....200 years ago, when Australia has mechanized 100 % of their sugarcane harvests.....over 25 years ago !
Brazil is simply a shame to humanity, a shame to justice and social inequality !
Are you not ranked within the WORST 10......on this planet ?
YESSSSSS.....you are !

Ch.c....
written by Brazilian Dude, October 08, 2007
Have you changed your name to Joe Sharkey? smilies/grin.gif
Brazilian Dude
written by João da Silva, October 08, 2007
Have you changed your name to Joe Sharkey?


You noticed it too,Dude? You would be surprised to note that Ch.c is becoming world famous.His quotes are being reproduced in Joe´s Blogspot. I hope Joe obtained his prior permission to reprint them. Otherwise, Ch.C is going to get very upset and sue Joe. We all know the sort of nasty temper Ch.C has. smilies/angry.gif
...
written by a nível de...com certeza, October 19, 2007
YESSSSSSSSS... he changed.

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