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Air Safety, Brazil, update

Pilots Notorious from GOL Case Find Four Year Sentence Commuted

May 17, 2011 May 18, 2011

Joseph Lepore and Jan Paul Paladino were sentenced to four years and four days in prison in the Amazon plane collision case when the Legacy 600 jet they were piloting made physical contact with a Gol Airlines Boeing 737. All 154 passengers and crew of the Boeing 737 were killed.

Their sentence was commuted to being banned from flying for four years, and also community service to be carried out in the US. The sentence accuses the pilots of being imprudent and inexperienced, and contends that they turned off the transponder, which the pilots deny.

The Gol jet collided over the Amazon rain forest with an Embraer Legacy 600 executive jet owned by ExcelAire Service Inc. of New York. The GOL InvestigatIon alleges that the pilots of the New York-based executive jet had placed the transponder and collision avoidance system on standby before colliding with the Boeing 737 operated by GOL Linhaus Aereas Inteligentes SA on Sept. 29, 2006.

The Legacy landed safely but everyone on the GOL jet died.

Flight controllers failed to alert pilots that they were on a collision course and also did not notice the transponder was off; in fact they deny turning it off.

On September 29, 2006, at approximately 4:57 pm, Brasilia standard time, a midair collision occurred over the Brazilian Amazon jungle, between a Boeing 737-800 (PR-GTD) operated by Gol Airlines of Brazil, and an Embraer Legacy 600 business jet (N600XL) owned and operated by Excelaire of Long Island, New York.

The accident investigation is being conducted under the authority of the Brazilian Aeronautical Accident Prevention and Investigation Center (DIPAA). Under the provisions of ICAO Annex 13, the United States, as state of registry and operator of the Excelaire Legacy, and state of manufacture of the Boeing 737 and Honeywell avionics equipment in both airplanes, has provided an accredited representative and technical advisors for the investigation. The U.S. team included the accredited representative from the major aviation accident investigations division of the NTSB, as well as technical advisors in operations, systems, air traffic control, flight recorders, and aircraft performance. Additional technical advisors from Boeing, Excelaire, Honeywell, and FAA have also been included.

If the transponder is off in either one of two approaching each other aircraft, the T Cast anti collision avoidance system will not work for either. We know there was no aural
warning in either plane to “pull up. Pull up.” Or vice versa.

So for sure the transponder was off in at least one of the planes, and that was probably the Legacy. However, in this Honeywell transponder, it is relatively easy for the
transponder to go off without the crew knowing that (due to design flaws.)

ATC put both aircraft coming at each other from oppostive directions at the same altitude, FL 370, and failed to track and warn, even though they had to know that for some reason the transponder in the exec jet was not working properly.

And who should we look for accountability to if the pilots are being held responsible for a Honeywell issue?