Is Immigration & Customs an excuse for crashing a plane?

Jaybird180

Final Approach
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Jaybird180
My personal predetermined minimums prescribe 2 missed approaches, then proceed to alternate. Given the circumstances this ATP Captain faced, I can understand his get er' done attitude. But it cost him the ship. Fortunately, no injuries.

What would you have done?

NTSB Identification: ERA09LA130
14 CFR Part 91: General Aviation
Accident occurred Sunday, January 04, 2009 in Wilmington, NC
Probable Cause Approval Date: 12/20/2010
Aircraft: CESSNA 550, registration: N815MA
Injuries: 7 Uninjured.
During a night, northbound, international overwater flight that paralleled the east coast of the southeast United States, the airplane encountered headwinds. Upon arrival at the intended destination, the weather was below forecasted conditions, resulting in multiple instrument approach attempts. After the first missed approach, the controller advised the crew that there was an airport 36 miles to the north with "much better" weather, but the crew declined, citing a need to clear customs.
During the third missed approach, the left engine lost power, and while the airplane was being vectored for a fourth approach, the right engine lost power. Utilizing the global positioning system, the captain pointed the airplane toward the intersection of the airport's two runways. Approximately 50 feet above the ground, he saw runway lights, and landed. The captain attempted to lower the landing gear prior to the landing, but it would not extend due to a lack of hydraulic pressure from the loss of engine power, and the alternate gear extension would not have been completed in time. The gear up landing resulted in damage to the underside of the fuselage and punctures of the pressure vessel.
The captain stated that the airplane arrived in the vicinity of the destination with about 1,000 pounds of fuel onboard or 55 minutes of fuel remaining. However, air traffic and cockpit voice recordings revealed that the right engine lost power about 14 minutes after arrival, and the left engine, about 20 minutes after arrival. Federal air regulations require, for an instrument flight rules flight plan, that an airplane carry enough fuel to complete the flight to the first airport of landing, fly from that airport to an alternate, and fly after that for 45 minutes at normal cruising speed. The loss of engine power was due to fuel exhaustion, with no preaccident mechanical anomalies noted to the airplane.
The National Transportation Safety Board determines the probable cause(s) of this accident to be a loss of engine power due to the crew's inadequate in-flight fuel monitoring.
The airplane departed La Isabela Airport (MDJB), Santa Domingo, Dominican Republic, on January 3, 2009, about 2220. The certificated airline transport pilot captain, certificated commercial pilot first officer, and five passengers were not injured. The flight was operated under the provisions of Title 14 Code of Federal Regulations Part 91. Instrument meteorological conditions prevailed at the time of the accident and an instrument flight rules (IFR) flight plan was filed for the international flight.
The captain reported that there were 5,008 pounds of fuel on board for the 1,090 nautical mile (straight line) flight and that they had planned to depart earlier; however, they were waiting for passengers.
During an interview with the FAA inspector on scene, as well as one with an NTSB investigator, the captain stated that the airplane "ran out of fuel." The crew had attempted three instrument landing system (ILS) approaches to runway 24; however, due to fog at the airport, the crew was unable to see the runway environment. On the third missed approach, the No. 1 engine shut down and the pilots requested a vector from air traffic control (ATC) for a fourth approach. The first officer then stated to ATC that they were low on fuel.
While being vectored for the fourth approach, the No. 2 engine shut down and the crew requested an immediate turn to the airport. Utilizing the airplane's global positioning system, they were able to locate the center of the airport and "aimed the airplane at the intersection of the runways." Approximately 50 feet above ground level (agl), the captain saw a row of lights, paralleled the lights, landed gear up heading southwest near taxiway G, which intersected runway 6/24. The airplane subsequently overran the runway and impacted several approach light stands for runway 24, coming to rest 2,242 feet past the point of the initial touchdown.
In a written statement, the captain also noted that he had tried to lower the landing gear prior to the landing; however, the airplane was "too low," and the landing gear would not extend without engine power.
File Photo
[URL="http://www.aero-news.net/images/content/military/2003/Cessna-Citation-C550-0103-1a.jpg"][/URL]
PERSONNEL INFORMATION
The captain held an airline transport pilot certificate with ratings for airplane single-engine land, airplane multiengine land, and a type rating in the accident airplane make and model. He reported 6,914 total hours of flight experience, including 5,986 hours as pilot in command (PIC). He reported 1,400 total hours of flight experience in the accident airplane make and model, including 914 hours as PIC. The captain did not report the date of his most recent flight review. His most recent FAA first class medical certificate was issued on May 3, 2007.
The first officer held a commercial pilot certificate, with ratings for airplane single-engine land, airplane multiengine land, and instrument airplane. He reported 1,716.6 total hours of flight experience, including 1,137.1 total hours of flight experience in multiengine airplanes. His most recent flight review was completed on November 24, 2007 and his most recent FAA first class medical certificate was issued on March 6, 2008.
AIRPLANE INFORMATION
The accident airplane was manufactured in 1982, and was issued an airworthiness certificate on May 20, 1982. The airplane was powered by two Pratt and Whitney JT15D-4 Series turbofan engines. According to the captain, the airplane was last inspected utilizing a conditional airworthiness inspection on September 10, 2008, and at that time, the airplane had accrued 11,123 total hours of service.
METEOROLOGICAL INFORMATION
The 0153 recorded weather observation at KILM included winds from 020 degrees at 3 knots, a broken cloud layer at 100 feet agl, an overcast cloud layer at 500 feet agl, 1/2 statute mile (sm) visibility in fog, temperature 11 degrees C, dew point 10 degrees C, and an altimeter setting of 30.14 inches of mercury.

In a completed NTSB Pilot/Operator Report, the captain indicated that he had received a weather briefing via telephone/computer. In a written statement, the captain noted that the weather forecast for KILM "for this flight was 800 to 900 overcast and 3 sm visibility."
According to the 032339Z TAF (Terminal Area Forecast), KILM weather for the arrival time was expected to include calm winds, visibility in excess of 6 sm, and a broken cloud layer at 700 feet.
During a telephone interview, the captain reported that the airplane had encountered "severe headwinds" en route to KILM.
WRECKAGE AND IMPACT INFORMATION
The airplane was examined by an FAA inspector who responded to the accident site. The airplane sustained skin damage to the underside of the fuselage and several puncture holes into the pressure vessel. No other damage was noted.
ADDITIONAL INFORMATION
The Cessna Citation Operators Manual, Section VII, "Performance – Flight Planning" charts, revealed that at flight level (FL) 290 with a 25-knot headwind condition, the flight would be able to travel 1,302 nautical miles (nm). At FL270, the flight would be able to travel 1,239 nm. The distances included utilizing all fuel on board and flying at a specific climb and cruise profile; however, they do not take into consideration the amount of distance and time to complete an instrument approach.
The actual flight profile flown was not determined.
Federal Air Regulation 91.167, Fuel Requirements for Flight in IFR Conditions, states, in part, "(a) No person may operate a civil aircraft in IFR conditions unless it carries enough fuel (considering weather reports and forecasts and weather conditions) to –
(1) Complete the flight to the first airport of landing;
(2) Fly from that airport to the alternate airport; and
(3) Fly after that for 45 minutes at normal cruising speed."
According to the captain's written statement, the airplane arrived at KILM with "about 1,000 lbs of fuel (00.55 minutes) remaining."
The Cessna Citation Operating Manual, Section II, "Airplane and Systems," also noted that the landing gear was electrically controlled and hydraulically operated, and that there was an emergency extension system that could be actuated by a red AUX GEAR CONTROL T-handle located under the pilot's instrument panel.
 
Applying 20/20 hindsight to the events as posted, after the first failed approach I'd like to think I'd head for better weather, and would land there and wait for customs, or at least get fuel and then go deal with customs. Basically get on the ground somewhere safely, and then call customs and say "we're here, we're safe, we haven't left the plane, what would you like us to do?". Then do whatever customs requires and get a lawyer to deal with the aftermath.
 
A friend of mine was flying a Cardinal back from the Bahamas and got to his planned airport of entry to find that customs had closed and was diverting to the major airport (I'm thinking this was FLL but I may be misremembering that part). The problem was that due to a crack in the carburetor or such, they were consuming fuel faster than planned and ran dry in between the two airports and ended up putting it down on the highway.
 
Well, we all know that ICE is a reasonable agency in which common sense is always used.

I'm sure they would have been fine with this crew landing at another airport that had safe weather.

It's not like they might have fined or jailed the crew and confiscated the airplane. Is it?
 
Well, we all know that ICE is a reasonable agency in which common sense is always used.

I'm sure they would have been fine with this crew landing at another airport that had legal weather.

It's not like they might have fined or jailed the crew and confiscated the airplane. Is it?
Dunno, but it beats being dead, doesn't it?
 
From the CBP Private Flyers Guide:

If an emergency landing is made in the United States, the pilot should report arrival by telephone or radio to the nearest CBP office as promptly as possible. The pilot should keep all baggage and merchandise together in a separate place and should not allow any passengers or crewmembers to leave the place of arrival or come into contact with the public without official permission from CBP to do so, unless such action is necessary to preserve life, health, or property.

Shades of Avianca 52! The pilot might have wanted to use the "emergency" word.
 
To the pilot, "Here's your sign". This is referred to as a CEM.






Career Ending Manuver
 
Situations like this can be tricky. What I try to do is have an alternate of another CBP airport that's within range so I can go there if need be. Then, the aftermath should (theoretically) be easier to deal with, and they can't complain about me landing at a non-CBP airport. There are usually several that are not too far from eachother flight time wise, doubly so if you're in a turbine.
 
Well, we all know that ICE is a reasonable agency in which common sense is always used.

I'm sure they would have been fine with this crew landing at another airport that had safe weather.

It's not like they might have fined or jailed the crew and confiscated the airplane. Is it?

You might want to learn which agency does what before making remarks as above.

ICE is the investigative arm of DHS.

CBP is the DHS agency that would be concerned with the border crossing.

If during a border crossing interaction with CBP, something triggers an investigation, ICE gets involved. There of course other functions of ICE, but pertaining to the thread at hand, CBP would be the agency you want to direct your comments towards.
 
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You might want to learn which agency does what before making remarks as above.

ICE is the investigative arm of DHS.

CBP is the DHS agency that would be concerned with the boarder crossing.

If during a boarder crossing interaction with CBP, something triggers an investigation, ICE gets involved. There of course other functions of ICE, but pertaining to the thread at hand, CBP would be the agency you want to direct your comments towards.
I don't share your optimism that referring to the proper dept of DHS will effect a favorable outcome for us lowly serfs. They're all one big blob.

ICE is who you call to report suspicious activity. And if a pilot not landing at the filed destination isn't suspicious I don't know what is. We're all suspect these days.
 
CBE as excuse to not enact Plan B in timely fashion

RE: the OP's question; this is pilot error. Does it matter what influenced the capt's decision making? Look, squirrel. As Senior Aeronautical Officer, he holds all responsibility yet willfully allowed distraction to alter his assumed prior planning.

It wouldn't matter if Airforce One was inbound, low fuel status is priority one.
 
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I don't share your optimism that referring to the proper dept of DHS will effect a favorable outcome for us lowly serfs. They're all one big blob.

ICE is who you call to report suspicious activity. And if a pilot not landing at the filed destination isn't suspicious I don't know what is. We're all suspect these days.

I was not trying to convey optimism, just clarification.

And you're absolutely correct, a landing at an unintended airport would raise a reasonable level of suspicion. However no reasonable person (read agent) performing an investigation with all information provided in the NTSB report (or from ATC and NOAA assuming there was no incident/accident and NTSB report) would cause it to be unreasonably burdensome for all parties involved so long as the rules posted on CBPs site were followed.

Im the first one to complain about overreaching, over regulated, overspending, over controlling gov. However, law enforcement and protecting the borders is in fact something that is warranted and should be desired by all legal, law abiding US citizens.
 
RE: the OP's question; this is pilot error. Does it matter what influenced the capt's decision making? Look, squirrel. As Senior Aeronautical Officer, he holds all responsibility yet willfully allowed distraction to alter his assumed prior planning.

It wouldn't matter if Airforce One was inbound, low fuel status is priority one.

Back on topic - concur 100% with above.
 
Brr.
I could not judge them, however I would be curious to know what the fuel computer said before they started the 2nd approach into 100&1/2.
Completely heroic that they found the runway.
 
I was not trying to convey optimism, just clarification.
My mention of optimism was that I don't believe clarification will result in the desired outcome. What then is the point of clarification? In this case, (dealing with an onerous gov enforcement agency) an increased understanding doesn't matter a hoot.

...would cause it to be unreasonably burdensome for all parties involved so long as the rules posted on CBPs site were followed.
Let's consider that the pilot did successfully make an uneventful landing at his alternate. Let's say that would have delayed his arrival, thereby arriving past the window. CBE gets mightly ticked off. Now what? Rules trump flight safety?

BajaBushPilots are experts at border crossings yet still their members suffer the wrath and indignity (and fines) of a ticked of CBE. (I do not mean to convery BBP members are reckless and wanton.) My point is if the experts cannot exercise 100% compliance, I say the system needs fixing.)

Im the first one to complain about overreaching, over regulated, overspending, over controlling gov.
I beat you to it. :rofl: (sorry, I just had to say it)
 
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My mention of optimism was that I don't believe clarification will result in the desired outcome. What then is the point of clarification? In this case, (dealing with an onerous gov enforcement agency) an increased understanding doesn't matter a hoot.
I concur, no outcome change, at least the correct party gets the blame (just or unjust) and the incorrect party does not get grouped in. Thus my desire for providing the clarification.

Let's consider that the pilot did successfully make an uneventful landing at his alternate. Let's say that would have delayed his arrival, thereby arriving past the window. CBE gets mightly ticked off. Now what? Rules trump flight safety?

Absolutely not, and CBP rules encourage alternate airport landing if safety is a concern. (Stay at the plane and wait till told otherwise once safely on the ground. This would not affect the safety of the flight regardless of the landing location, since the plane would be on the ground and shut down.)

BajaBushPilots are experts at border crossings yet still their members suffer the wrath and indignity (and fines) of a ticked of CBE. (I do not mean to convery BBP members are reckless and wanton.) My point is if the experts cannot exercise 100% compliance, I say the system needs fixing.)
Two points on this one:
1) I can't speak to this example because I don't know who they are, but I have personally made a similar International border crossing part 91 flight and while enroute had to change the original port of entry airport. It was painless, and the CBP agent at the port of entry was very accommodating.
2) I've worked with plenty of experts in my field, they still make mistakes, just not as often and generally the mistakes have less of a negative "impact".

I beat you to it. :rofl: (sorry, I just had to say it)
True that.....
 
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Pilot Pleads Guilty to False Statement after Conducting an Illegal Charter Flight to North Carolina

October 03, 2011



http://www.oig.dot.gov/library-item/5641#http://www.oig.dot.gov/library-item/5641#



Summary

On October 3, 2011, in U.S. District Court, Raleigh, North Carolina, Jose C. Joga, an Federal Aviation Administration (FAA) licensed Airline Transport Pilot entered a plea of guilty to one count of false statements in connection with his role in an unlicensed charter airline operation in south Florida.
The investigation revealed that Caribair, Inc., operated a chartered commercial flight (Flight N815MA), which had been booked through an aircraft charter broker to fly a family of five passengers to New York. On January 3, 2009, Mr. Joga, the captain and pilot of Flight N815MA, departed Santo Domingo, Dominican Republic, with five passengers on board and instructed them that upon arriving in Wilmington, North Carolina, they should not say to authorities that they had paid for the flight, but rather should falsely state that they were friends of the plane's owner. Approximately, thirty minutes into the flight, Mr. Joga threatened to return to Santo Domingo if the passengers did not agree to say what he had instructed them to say upon arrival in Wilmington, North Carolina, when clearing U.S. Customs and Border Protection inspection. Upon nearing the Wilmington airport the aircraft was damaged as it impacted the runway during a forced landing, with the landing gear retracted. In spite of the accident, no serious injuries were sustained.
A post-accident investigation conducted by FAA determined that neither Caribair, nor N815MA involved in the transportation of the family were certificated under Title 14, Code of Federal Regulations, Part 135 (Charter Operations). As part of the investigation, FAA interviewed Mr. Joga and he stated that the flight was conducted under Part 91, and that all five passengers on the aircraft were friends of the owner.
This investigation was conducted jointly with the Department of Homeland Security/Immigration Customs Enforcement, along with technical assistance from FAA.
:mad2::mad2:
 
Wow! That certainly puts a new light on the situation!
 
We had a meet&greet with the local FAA and CBP people 2 years ago. I talked to the guy in charge of the airports for the state and told him that people dont like to cross the borders due to eapis and the draconian fines for missing ETA by 15 min or having to land at an unplanned airport. According to him, an unplanned landing for weather or or technical reasons, would not lead to a fine, just an hourly charge for the officer who has to drive the round-trip to clear you in at an outlying field.

As for the poster who is afraid of getting his plane impounded by CBP: I would challenge him to produce a single case where a plane was impounded under similar circumstances (weather related diversion with ATC contact, no contraband involved).
 
I'm with Tim. CBP is not an excuse for crashing a plane, but weather is an excuse for bypassing CBP (as long as you notify them ASAP and do what they say after that).

As for the rest, it suggests a propensity for bad decisions by the pilot involved, and that would explain a lot, including the foolishness of making false statements to Federal officials in the performance of their duty, thus turning an administrative matter for the FAA into a Federal felony criminal offense for the Department of Justice.
 
In light of the new information, I say this Capt needs a new investigative proctological.

I'm sure he's going to lose his ATP, probably not for the crash but definitely for the attempted coverup and illegal 91 er..135 operation.
 
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