Part 60 of the Civil Air Regulations clearly states the responsibility of pilots to observe and avoid other aircraft.[1] Had the Cessna pilot observed the Aeronca L-16 he no doubt would have asked the tower whether there was other traffic in the landing pattern. Had the Aeronca L-16 pilot seen the Cessna 140 he no doubt would have been particularly observant for a light from the tower and would probably have circled to put himself at a farther distance from the Cessna 140. It is evident that had either pilot observed the other aircraft while in the traffic pattern he would have taken some action to ascertain whether the other aircraft was also in the pattern. It is further evident that each pilot continued his landing approach unaware of the presence of the other and without accurate visual or timely verbal warning from the tower until too late to avoid a collision.
Under Part 60 of the Civil Air Regulations, a pilot would be expected to clear his position in preparation for landing, and clear himself in each turn, should he make turns to the base leg and final approach. In the absence of a sequence and on the basis of the clearance received, it was not imprudent of the Cessna pilot to assume that the area was clear of conflicting traffic. Nevertheless, the pilot of the Cessna 140 should have observed the Aeronca L-16 as he entered the downwind leg if he had properly cleared his position as he entered. He should also have observed the Aeronca L-16 as he turned left to the base and final approaches since the Aeronca was inside of him and slightly above his altitude. The entry of the downwind leg at a 45-degree angle for an approach to landing is for the purpose of determining whether other traffic is in the landing pattern and to ensure an orderly entry to traffic, proper spacing for prevention of a collision, and to prevent aircraft from overtaking other aircraft in the traffic pattern.
- ↑ "60.12 Careless or reckless operation. No person shall operate aircraft in a careless or reckless manner so as to endanger the life or property of others... (c) Lack of vigilance by the pilot to observe and avoid other air traffic. This includes failure of the pilot to clear his position prior to starting any maneuver, either on the ground or in flight..."
"60.14 (d) Overtaking. An aircraft that is being overtaken has the right—of-way, and the overtaking aircraft, whether climbing, descending, or in horizontal flight, shall keep out of the way of the other aircraft by altering its course to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from.this obligation until it is entirely past and clear. . ."
"60.14 (3) Landing. Aircraft, while on final approach to land, or while landing, have the right-of—way over other aircraft in flight or operating on the surface. When two or more aircraft are approaching an airport for the purpose of landing, the aircraft at the lower altitude has the right—of-way, but it shall not take advantage of this rule to out in in front of another which is on final approach to land, or to overtake that aircraft. . ."
"60.15 Proximity of aircraft. No person shall operate an aircraft in such proximity to other aircraft as to create a collision hazard. . ."
