On Fri, 23 Feb 2007 15:07:14 -0800, Mike Schumann wrote
(in article ):

If the pilot wants a straight in approach to a runway that is occupied by
another aircraft that can't be moved in time, ATC can certainly suggest
alternatives as well as point out the impossibility of the pilot's request.
This isn't a legal issue. This is a question of declaring an emergency and
then having the pilot and ATC work together to safely get the aircraft down
at an acceptable airport ASAP.

There were no other aircraft on the runway that could not move in time. The
argument is a red herring. ATC is required to comply with the pilot's
emergency request. The time to settle whether that request was reasonable or
not is on the ground. But ATC must comply.

Rule #1 of aviation: The airplane has a Pilot in Command. The airplane is not
flown by a committee or by an anonymous voice on the ground. It is not a
democracy.

It appears here that ATC wanted to avoid departure delays even if it meant
killing people. The pilot has a responsibility to his passengers, not to
complying with ATC stupidity. The pilot failed in that responsibility, but
managed to live anyway. He might not be so lucky next time.

ATC will kill you given half a chance. It is the pilot's responsibility to
see to it that that does not happen.

--
Waddling Eagle
World Famous Flight Instructor