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Büro für Flugunfalluntersuchungen Bureau d enquête sur les accidents d aviation Ufficio d inchiesta sugli infortuni aeronautici Uffizi d'investigaziun per accidents d'aviatica Aircraft accident investigation bureau Final Report No 1886 by the Aircraft Accident Investigation Bureau concerning the serious incident (airprox) between SWR 1579, EMB 145, HB-JAG and HB-LKU, Cessna C 340 on 18.04.2004 TMA Zurich Bundeshaus Nord, CH-3003 Berne

Final Report This report has been prepared solely for the purpose of accident/incident prevention. The legal assessment of accident/incident causes and circumstances is no concern of the incident investigation (Art. 24 of the Air Navigation Law). The masculine form is used in this report regardless of gender for reasons of data protection. All times in this report are in the UTC format (local time = UTC +2 h) Place/date/time Aircraft TMA Zurich, 18.04.2004, 13:57 UTC SWR 1579, EMB 145, HB-JAG, Swiss Int. Airlines Vienna (LOWW) Zurich (LSZH) HB-LKU, Cessna C 340, EFOS Flight Charter AG Basel (LFSB) Zurich (LSZH) ATC unit Air traffic controllers Approach Control Zurich Approach Controller East Reserve Airspace C Aircraft Accident Investigation Bureau Page 2 of 12

Final Report SWR1579/HB-LKU 1. History In the early afternoon of 18 April 2004, the Cessna C 340 HB-LKU was on a training flight from Colmar via Basel and back to Zurich. There were four persons on board: the flying instructor as the responsible pilot, the trainee pilot and two passengers with no flying function. The training flight was taking place as part of the trainee pilot s instruction on this aircraft type. After making contact with the approach control office (APP), the flight crew asked about the possibility of performing a go-around on runway 14 with a subsequent second approach. Clearance was given for this and the aircraft was instructed by air traffic control (ATC) to turn left heading 020 after initiating the go-around and to climb to 4000 ft/qnh. After the go-around, the aircraft made contact with the approach controller East (APE ATCO) in accordance with instructions and at 13:51:26 UTC received an instruction to continue climbing to 5000 ft/qnh. At 13:52:21 UTC SWR 1579, an Embraer EMB 145 on a scheduled flight from Vienna to Zurich, passing flight level (FL) 130 in descent, reported on the frequency for the first time. The aircraft, flying in a westerly direction, was heading for holding pattern SAFFA. The APE ATCO immediately cleared it to descend to FL 90. At this time, the two aircraft were more than 20 NM apart. At 13:52:51, the APE ATCO instructed HB-LKU to climb to 7000 ft/qnh and at 13:54:39 the APE ATCO instructed the Cessna to turn left onto heading 320. At the time, the aircraft was still in a climb passing 6000 ft/qnh. Between these last two instructions to HB-LKU, the APE ATCO instructed SWR 1579 to maintain its current, approximately westerly heading, with the instruction that he would guide it using radar vectoring to the runway 14 instrument landing system (ILS). When SWR 1579 approached the cleared FL 90, the APE ATCO instructed it at 13:55:15 UTC to descend to FL 80. At this time the two aircraft were at a lateral separation of about 7.3 NM and were converging at an acute angle. A little later, at 13:55:59 UTC, HB-LKU had reached 7000 ft/qnh and almost at the same time SWR 1579 reached its cleared flight level, FL 80. The Zurich QNH was 994 hpa and the transition level (TL) was FL 80. The two aircraft had converged to a lateral distance of about 4.6 NM. At the same time, it is possible to ascertain an altitude difference of about 500 ft, on the basis of the atmospheric pressure conditions. At this time the two aircraft were just within a 20 NM range of the radar antenna in use. Thus in the absence of the required minimum altitude separation of 1000 ft, a minimum radar separation of 3 NM applied. The Zurich radar computers are configured so that recorded flight levels below the TL are automatically converted to the current Zurich QNH and displayed on the ATCOs radar monitors as altitudes on the basis of the Zurich QNH. In this context, even a small change in flight level below the TL is sufficient to cause this change in the display. In this phase of the incident, the APE ATCO issued each aircraft with traffic information about the other aircraft, with information to SWR 1579 that the Cessna was flying 1000 ft below it at 7000 ft. These traffic information messages occurred routinely according to the APE ATCO s statement, not because he had detected any conflict at this time. After reading back the traffic information the flight crew of SWR 1579 reported that Aircraft Accident Investigation Bureau Page 3 of 12

Final Report SWR1579/HB-LKU they had visual contact with the Cessna; the flight crew of HB-LKU did not confirm the traffic information. At 13:56:15 UTC, an STCA (short-term conflict alert - visual warning) appeared on the APE ATCO s radar monitor, making the APE ATCO aware of the impending separation violation. Four seconds before this, the radar computer had displayed the flight level of SWR 1579 on the radar monitor for the first time as 7500 ft on the basis of the Zurich QNH. The lateral distance between the two aircraft was about 4 NM with an unchanged altitude difference of 500 ft. At 13:56:35 UTC, minimum separation was violated, according to the radar recording; the lateral distance was still 2.8 NM and the altitude difference was 500 ft. Shortly afterwards, at 13:56:47 UTC, the Swiss crew reported and informed the APE ATCO of the apparent ATC error in relation to flight level allocation. The APE ATCO recognised the error immediately and asked SWR 1579: Can you pass visual. The Swiss flight crew answered in the affirmative. The APE ATCO then contacted HB-LKU and instructed it to turn left onto heading 250. Together with the confirmation of this instruction, HB-LKU reported that it had visual contact with the other aircraft. At this time the lateral distance between the two aircraft, according to the radar recording, was still 1.1 NM and the altitude difference was now 400 ft. SWR 1579 then reported a TCAS climb and in the course of this climbed to FL 86. During this action, the flight paths of the two aircraft crossed. HB-LKU was flying on the assigned heading of 250 and SWR 1579 was flying on an approximately westerly heading. In the meantime the Swiss aircraft had overtaken the distinctly slower Cessna and shortly began to descend again to the originally cleared flight level, FL 80. Consequently a new separation violation occurred. The radar recording shows values of 1.6 NM and a 300 ft altitude difference and 2.0 NM and a 200 ft altitude difference respectively. At a lateral distance between the two aircraft of about 2.0 NM the APE ATCO cleared SWR 1479 to descend to 5000 ft/qnh. As a result, the altitude difference between the two aircraft reduced to 100 ft, according to the radar recording, whilst because of the marked difference in speed the lateral distance continuously increased, finally reaching 3 NM at 13:59:11 UTC. This further separation violation did not represent any direct risk of collision. During the phase of the most serious lateral convergence of the two aircraft, the flight level of HB-LKU, according to the radar recording, varied within a band between 7000 ft and 7300 ft. This deviation from the assigned flight level of 7000 ft, according to the flying instructor s statement, is in flight instruction practice still within the tolerable bandwidth on training flights, without any intervention from the flying instructor being necessary. However, at the time of his statement the flying instructor could not recall this altitude deviation, otherwise he would have instructed the trainee pilot to make a correction. At the time of his statement the trainee pilot also could not recall this altitude deviation or any intervention from the flying instructor. During the conflict phase, the APE ATCO did not take any corrective measures which would have guaranteed rapid re-establishment or maintenance of the minimum separation. In his statement he claimed that after detecting the separation violation he had refrained from instructing SWR 1579 to take avoiding action, because he assumed Aircraft Accident Investigation Bureau Page 4 of 12

Final Report SWR1579/HB-LKU that the altitude difference of 500 ft between the two aircraft would not further decrease. Instead, he asked the flight crew of SWR 1579 whether they could maintain visual contact with HB-LKU. Not only the APE ATCO but also the reserve controller claimed that they had not received any recent instruction about the most appropriate procedure to apply in the event of an impending or actual separation violation. At the time of the incident, three workstations were occupied in the approach control unit: departure control (DEP), approach control WEST (APW) and approach control EAST (APE). The APW workstation was occupied by a coach and a trainee. Occupancy of workstations therefore corresponded to the requirements. Occupancy of the coordinator (CAP) and Final (FIN) workstations was not prescribed at this time of day. The competent APE ATCO had come on duty shortly before the incident at 13:45 UTC, started work at the APE workstation and relieved the reserve controller. This reserve controller had previously relieved another ATCO at the APE workstation and then left the approach control unit for a short break. At the time of the incident, i.e. at 13:57 UTC, the reserve controller had returned to the approach control unit and had relieved the DEP ATCO, whose shift ended at 14:00 UTC. The volume of traffic in approach sector East in the 10 minutes prior to the incident was medium to high. Between 13:50:44 UTC the time of the first call from HB-LKU after the go-around and 13:59:11 UTC, the time when minimum radar separation between the two aircraft was re-established, a total of 78 radio conversations took place on the APE frequency, i.e. one began every 6.5 seconds. During these 8.5 minutes or so, the frequency was sometimes occupied without a break. About 3 minutes before the first separation violation, an Austrian Piper 32 (OE-KMW), which was flying according to visual flight rules (VFR) and requesting IFR joining clearance to continue its flight according to instrument flight rules (IFR), reported on the APE frequency. The handling of this aircraft was very labour-intensive, because on the one hand there was no flight plan for it and on the other hand communication with it was poor. In addition, coordination conversations with the ARFA Sector about this flight had to be conducted by the APE ATCO. In this phase, the APE ATCO asked the coach on the West sector to support him with these coordination tasks, which the latter did within his limited possibilities. In his statement, the APE ATCO claimed further aggravating circumstances which considered in their entirety led to a complex and demanding traffic control task. Thus, for example gliding zones SN and SS (Schaffhausen North and South) had become active and parachuting activities were in progress over Schwenningen. The APE ATCO also mentioned that it was common practice about this time (i.e. shortly before 14:00 UTC) for the reserve controller, if available, to be deployed to the CAP or FINAL workstation, because experience showed that the volume of traffic increased greatly at that time. According to his statement, the APE ATCO received a standard briefing on taking over the APE workstation, during which he noted the low pressure conditions. According to usual practice, specifying the TL was not part of the briefing. He had apparently consulted the current instructions in the briefing room beforehand. The weather was good, so he did not further consult the Infonet, where, among other things, the TL is shown. Moreover, there is also a detailed checklist for the handover briefing which, however, is hardly used in practice. Aircraft Accident Investigation Bureau Page 5 of 12

Final Report SWR1579/HB-LKU Weather according to skyguide INFONET data: INFO HOTEL LDG RWY 14 ILS APCH. DEP RWY 28 QAM LSZH 1320Z 18.04.2004 Wind: 160 DEG, 3 KT VIS 25 KM FEW 4000 FT +15 C, +06 C QNH 994 NINE FOUR QFE THR 14 945 QFE THR 16 945 QFE THR 28 944 NOSIG SPEED LIMITATION NOSIG TRL 80 DAY 0405 NGT 1856 QNH TICINO 1200Z: 999 HPA TROPO: 38000FT, MS60 2. Analysis 2.1 Determining the transition level as a function of the local QNH The transition level is the lowest flight level which can be used above the transition altitude. It is determined automatically as a function of the local atmospheric pressure (QNH), disseminated over the Infonet and displayed in various forms on the ATCOs workstations. For a QNH of at least 1013 hpa, the TL in Zurich is FL 70. The TL is automatically adapted to changing pressure conditions, in order to meet the requirement that aircraft which receive altitudes based on QNH can be separated by an altitude difference of at least 1000 ft from aircraft which receive altitudes based on standard pressure (flight levels based on an altimeter setting of 1013.2 hpa). In the present case, the TL was FL 80 as a result of the low Zurich QNH (994 hpa). The ATCO responsible would therefore have had to assign FL 90 to SWR 1579 in order to be able to guarantee an altitude difference of at least 1000 ft to HB-LKU, which was flying at 7000 ft/qnh at the same time. FL 80 could not be assigned in this traffic situation, because it could not guarantee minimum vertical separation. Aircraft Accident Investigation Bureau Page 6 of 12

Final Report SWR1579/HB-LKU Establishing the TL at FL 70, in so far as the atmospheric pressure is above the standard pressure of 1013.2 hpa, means that approach control simultaneously has to assign altitudes to aircraft under its control based both on the local QNH (altitudes) as well as altitudes based on standard pressure (flight levels). This procedure can lead to misunderstandings and if the Zurich QNH deviates below standard pressure it means that an individual flight level cannot be used. In the present case, the altitude of 7000 ft/qnh was occupied by HB-LKU. Thus in order to guarantee vertical separation because of the low atmospheric pressure, the next higher flight level which could be used was FL 90. 2.2 Handling of the situation by the approach controller East The APE ATCO, licensed since 1995, was surprised by the notification from SWR 1579 concerning the separation violation. His immediate reaction asking SWR 1579:...okay, can you pass visual? is understandable, but should have been followed by an instruction regarding avoiding action, in order to re-establish and maintain minimum vertical separation. He omitted to do this and subsequently left the initiative completely in the hands of the SWR 1579 flight crew. Shortly afterwards, this led to a climb command from their TCAS. Just one minute later SWR 1579 had in the meantime passed HB-LKU the Swiss aircraft began to descend again to its originally assigned FL 80, because its TCAS was obviously no longer able to recognise the danger of a collision because of the increasing lateral separation. However, this development led to minimum separation being violated once more and this was aggravated because the APE ATCO cleared SWR 1579 to descend to 5000 ft/qnh, before the minimum radar separation of 3 NM had been achieved. 2.3 The hand-over procedures in Zurich approach control For each workstation in the approach control unit there is a hand-over checklist, which according to the departmental management should be used as an aid and not as a working tool. Citing the transition level in this hand-over checklist is not expressly provided for. The statements of the two ATCOs concerned permit the conclusion that this checklist is not used consistently and systematically. In practice, a corresponding, situation-based briefing tends to be used; as a rule it does not include citing the transition level. The latter is on the one hand visible on the Infonet screen present at every workstation and on the other hand it is also indicated in a small window on the ICWS (integrated controller workstation) screen together with other information. According to his statement, the APE ATCO was essentially aware of the low pressure conditions. Within the framework of this investigation it cannot be established whether the lack of consistent use of the hand-over checklist, which moreover does not include citing the TL, contributed to the incident. 2.4 Modalities of the deployment of reserve controllers in the approach control unit/the deployment plan From early morning to late in the evening, according to the deployment plan for the combined tower/approach control unit, a continuous reserve is prescribed, provided by three reserve controllers at staggered times. Deployment of the reserve controllers takes place according to the instructions of the daily operations manager (DOM). Aircraft Accident Investigation Bureau Page 7 of 12

Final Report SWR1579/HB-LKU Normally, a reserve controller reports to the DOM in the tower at the start of his shift to determine scheduled deployments. This was also the case here. According to the deployment plan, neither the CAP workstation nor the FINAL workstation is occupied between 12:30 UTC and 14:15 UTC. During this period, the APW workstation takes over the CAP function. Within the time frame of the present incident, no absences were registered. In the situation under consideration, the reserve controller was present in the approach control unit, allowing reliefs in the form of short breaks. After he had been relieved at the APE workstation by the APE ATCO at the start of the latter s shift, at about 13:45 UTC, he himself took a short break of a few minutes outside the unit. Before the conflict occurred shortly before 14:00 UTC, the reserve controller had returned to the workroom and had relieved a DEP duty controller, whose shift ended at 14:00. This action corresponds to normal practice. In the absence of any instructions from an independent CAP (at the time of the incident, the workstation did not have to be occupied, according to the deployment plan), who is responsible to the DOM for operations in the approach control unit, the ATCOs in the approach control unit themselves relieve each other by mutual agreement, independently of the DOM. However, it also emerges from the statements of the two ATCOs involved that it is also common practice for any available reserve controller to be deployed shortly before 14:00 UTC as CAP or FINAL, because experience has shown that the volume of traffic increases greatly at this time. From this representation of conditions it is clear that in practice, at certain times and in particular when no absent duty controllers have to be replaced, no structured rules exist or are complied with concerning deployment of the reserve controller in the approach control unit. Rather, it seems to be the case that decisions are taken on an ad hoc basis. Naturally, in this situation different interests conflict: sometimes the ATCOS need to fit in an additional short break, at other times there is a need to be prepared for all eventualities by means of the timely occupancy of an additional workstation. At the time of the incident, an average to high volume of traffic, in some cases with a high degree of complexity, was having to be handled. Of the five available workstations, only three were occupied, according to plan. This degree of occupancy was not appropriate for the volume of traffic prevailing at the time of the incident. 2.5 Training air traffic controllers in intervention behaviour in the event of separation violations, with the aim of re-establishing minimum separation as quickly as possible Both of the ATCOs involved stated that they had recently had no training in intervention behaviour in the event of separation violations with the aim of reestablishing minimum separation as quickly as possible. In the present case, the application of such procedures would have led to a quicker and safer resolution of the conflict. On the occasion of investigations of AIRPROX incidents (e.g. CRX 3443/RMC 2032 on 18.2.2002), the AAIB has submitted a corresponding safety recommendation to the Federal Office for Civil Aviation as the supervisory authority. Likewise, the German AAIB submitted a corresponding safety recommendation to the supervisory authority (see section 4) as a consequence of the results of the investigation into the mid-air collision over Überlingen on 1 July 2002. Aircraft Accident Investigation Bureau Page 8 of 12

Final Report SWR1579/HB-LKU 2.6 Maintaining of altitude by HB-LKU The trainee pilot was flying HB-LKU manually, without using the autopilot. The incorrect climb to 7300 ft/qnh occurred mainly during the phase of the greatest lateral convergence of the two aircraft. At this time SWR 1579 had already carried out the TCAS climb. This TCAS climb began shortly before the start of the left turn onto heading 250 as instructed by the ATCO. The correction of pitch attitude and/or power setting required as a result of this change in attitude obviously caused the trainee pilot briefly to lose control over accurate maintaining of altitude. When this occurred, the flying instructor did not intervene or intervened insufficiently to make a correction. His usual practice of allowing a tolerance of up to 300 ft from the required altitude was impermissible. 2.7 TCAS (traffic collision and avoidance system) The TCAS functions essentially according to the following principle: calculation of the time to the closest point of approach (CPA) and of the vertical distance at the CPA of two aircraft. A minimum altitude difference (ALIM) at the CPA between the aircraft concerned is ensured by means of instructions to fly vertical manoeuvres. The TCAS resolution advisories (RAs) to the crews are sub-divided into two stages: 1. preventive RA 2. corrective RA The objective of a preventive RA is to stop the crew from making a further descent or climb if this would not guarantee the minimum vertical miss distance (ALIM) at the time of the closest point of approach (CPA). It is the objective of the TCAS to resolve a conflict if possible using preventive RAs, so that other aircraft in the vicinity are not involved as a result of a corrective RA and the consequent change in the vertical flight path due to a transition to a climb or descent. The present case is a so-called uncoordinated TCAS encounter, i.e. only one of the aircraft involved, the Swiss EMB 145, was equipped with TCAS; the other aircraft, HB- LKU, was equipped only with a transponder with automatic altitude transmission. Consequently only the crew of the EMB 145 were able to benefit from the TCAS resolution advisories; the flight crew of the Cessna 340 were dependent on the traffic information provided by air traffic control. Version 7.0 software was installed in the TCAS system of the EMB 145. This software works with different, altitude-dependent sensitivity levels. In the altitude range between 5000 ft and 10,000 ft AMSL it is designed, in sensitivity level 5, for a vertical distance of <600 ft, to issue a preventive RA don t descend (aural call-out: "monitor vertical speed"), as long as a vertical miss distance (ALIM) of 350 ft is not violated. This applies only if both aircraft are in horizontal flight. At its flight level of FL 80, which for a QNH of 994 hpa corresponds to about 7460 ft, there was a vertical distance of about 460 ft, which, given stable flight levels of the two aircraft, should have led to a vertical miss distance of 460 ft and therefore to a preventive RA in the EMB 145. On the basis of the available data, it remains an open question why the TCAS calculated a minimum vertical distance (ALIM) at the CPA of less than 350 ft which is why this led to a climb, climb corrective RA being issued. Aircraft Accident Investigation Bureau Page 9 of 12

Final Report SWR1579/HB-LKU 2.8 Findings Both aircraft were flying according to instrument flying rules in Class C controlled airspace. Both aircraft were in uninterrupted radio contact with the responsible air traffic controller (APE ATCO). HB-LKU was being controlled manually by the trainee pilot. The flying instructor was supervising him. The Zurich QNH was 994 hpa and the transition level (TL) was FL 80. The Zurich radar computers are configured so that recorded flight levels below the TL are automatically converted to the current Zurich QNH and displayed as altitude on the basis of the Zurich QNH. At 13:52:56 UTC, HB-LKU received the instruction to climb to 7000 ft/qnh. At 13:55:15 UTC, SWR 1579 received the instruction to descend to FL 80. At 13:56:00 UTC, SWR 1579 received the following traffic information: And Swiss one five seven niner er...expect traffic actually one thousand feet below you but more or less same direction at your ten o clock four miles at seven thousand feet. The Swiss flight crew answered: "Er Swiss one five seven niner negative contact". At 13:56:12 UTC the APE ATCO repeated the traffic information: Jo Swiss one five seven niner Cessna three-forty at your eleven now three miles one thousand feet below, I confirm to maintain eight zero for you. The Swiss aircraft answered as follows: eight zero and traffic in sight Swiss one five seven niner. At 13:56:30 UTC, HB-LKU received the following traffic information: Hotel Kilo Uniform you have the tr er the traffic the Embraer as well in sight at your three o clock three miles above? The Cessna did not answer this question. At 13:56:47 UTC SWR 1579 reported: Just for information Swiss er one five seven niner this traffic is only four hundred feet below us because he is flying a QNH whereas we re on flight level. At this time the two aircraft were 2.1 NM apart, and the altitude difference was 500 ft. At 13:56:54 UTC, the APE ATCO answered as follows: That s a???? mistake from my side, okay can you pass visual? The Swiss aircraft answered as follows: We passed visual Swiss one five seven During this transmission, a TCAS RA climb, climb can be heard in the background. At 13:57:07 UTC, the flight crew of SWR 1579 reported a TCAS climb. According to the radar recording, the aircraft had already initiated the climb. At 13:58:36 UTC, the APE ATCO issued the following instruction to descend to SWR 1579: Swiss one five seven niner now descend again please to five thousand feet on QNH niner niner four. According to the radar recording, at this time HB-LKU was maintaining an altitude of 7300 ft/qnh with SWR 1579 at 7500 ft/qnh. The radar distance between the two aircraft was 2.0 NM and increasing. Aircraft Accident Investigation Bureau Page 10 of 12

Final Report SWR1579/HB-LKU At 13:59:11 UTC, the minimum radar separation of 3 NM was reached; HB-LKU was maintaining an altitude of 7200 ft/qnh and SWR 1579 was passing 7300 ft/qnh in descent. The prevailing volume of traffic was medium to high with high complexity in some cases. At the time of the incident, three workstations were occupied in the approach control unit. This workstation occupancy corresponded to the requirement. A reserve controller was working. He was busy with reliefs for short breaks. Both flight crews and the competent air traffic controller were in possession of the licences necessary to exercise their activities. The CMDR of SWR 1579 submitted an ATIR to the AAIB on 18 April 2004. The air navigation services company skyguide submitted an ATIR to the AAIB on 8 June 2004. 3. Cause The incident is attributable to incorrect vertical separation. 4. Safety recommendation Training air traffic controllers in the intervention behaviour in the event of separation violations with the aim of re-establishing minimum separation as quickly as possible Safety deficit In the present case, after detecting the separation violation the air traffic controller responsible asked the flight crew of SWR 1579 whether they could pass HB-LKU visually ("...can you pass visual"). The latter answered in the affirmative, but shortly afterwards initiated a TCAS climb. The air traffic controller did not take any further measures to re-establish or ensure minimum separation. Subsequently, SWR 1579 descended again to its originally assigned flight level, resulting in another separation violation, which was further aggravated by the fact that the air traffic controller gave SWR 1579 a further clearance to descend through HB-LKU s flight level before minimum radar separation had been established. The following safety recommendations have already been submitted by the Swiss AAIB and the German Federal Bureau of Aircraft Accidents Investigation to the Federal Office for Civil Aviation on the occasion of the investigation into serious incident involving CRX3443 on 18.2.2002 and on the occasion of the investigation into the midair collision over Überlingen on 1 July 2002. Safety recommendation No. 284 The Federal Office for Civil Aviation should arrange for all ATCOs to practise emergency scenarios systematically, regularly, theoretically and practically (in the simulator), with particular reference to rapid re-establishment of the required minimum separation after it has been violated. In this context, the highest attention must be paid to the use of appropriate phraseology. Aircraft Accident Investigation Bureau Page 11 of 12

Final Report SWR1579/HB-LKU Safety recommendation No. 375 The FOCA should ensure that air traffic controllers receive initial and continuing training which includes theoretical and practical (simulator) emergency procedures, especially the following aspects: Recognising potential traffic conflicts and ensuring separation in accordance with international standards. Rapid re-establishment of minimum separation when it has been violated. The use of appropriate phraseology with the emphasis on resolving the situation in the shortest possible time and with a minimum of transmission time. Berne, 12 January 2006 Aircraft Accident Investigation Bureau This report has been prepared solely for the purpose of accident/incident prevention. The legal assessment of accident/incident causes and circumstances is no concern of the incident investigation (Art. 24 of the Air Navigation Law). The masculine form is used in this report regardless of gender for reasons of data protection. Aircraft Accident Investigation Bureau Page 12 of 12

TRANSCRIPT OF TELEPHONY OR RADIOTELEPHONY COMMUNICATION TAPE-RECORDINGS Investigation into the incident that occured on 18.04.2004 - Subject of transcript: SWR1579 / HB-LKU - Centre concerned: Swiss Radar Area East - Designation of unit: Zurich Arrival Sector East - Frequency / Channel: 120.750 MHz - Date and period (UTC) covered by attached extract: 18.04.2004 13:50-14:09 UTC - Date of transcript: 28th April 2004 - Name of official in charge of transcription: Claudio DI PALMA - Certificate by official in charge of transcription: I hereby certify: - That the accompanying transcript of the telephony or radiotelephony communication tape-recordings, retained at the present time in the premises of the Analysis Department, has been made, examined and checked by me. - That no changes have been made to the entries in columns 2, 3 and 4, which contain only clearly understood indications in their original form. Zürich, 28th April 2004 Claudio DI PALMA C3FO0003E/3.0/2004-02-10 C3FO0003E_Transcript.doc 1-3

Abbreviations Sector Designation of sector APE - Zurich Arrival Sector East Aircraft - Callsign Type of acft Flight rules ADEP - ADES H-KU - HB-LKU C340 IFR LSZH - LSZH 1019 - SWR1019 Swiss E145 IFR EDDL - LSZH 401 - STY401 Styrian CRJ2 IFR EPKK - LSZH 1579 - SWR1579 Swiss E145 IFR LOWW - LSZH 280 - MAK280 Makedonian B733 IFR LWSK - LSZH O-MW - OE-KMW P32R IFR EDTF - LOLW 81R - SWR81R Swiss RJ1H IFR EDDV - LSZH 1487 - SWR1487 Swiss RJ1H IFR LKPR - LSZH 169 - SWR169 Swiss A343 IFR RJAA - LSZH OZEO-dc / 28th April 2004 /tr SWR1579 HBLKU 28.04.04 2-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 Frequency: 120.750 MHz Zurich Arrival Sector East APE H-KU 13:50:44 "Züri Arrival grüezi" Hotel Bravo Lima Kilo Uniform on missed approach procedure three thousand feet climbing to four thousand feet H-KU APE :50 Hotel Bravo Lima Kilo Uniform "grüessech" roger, continue for the moment as cleared I call you back APE H-KU :56 Continue as cleared Hotel Kilo Uniform 1019 APE 13:51:09 Swiss one zero one niner no speed restriction APE 1019 :11 Copied Swiss one zero one niner H-KU APE :21 Hotel Kilo Uniform äh climb to five thousand feet APE H-KU :26 Climb to five thousand feet Hotel Kilo Uniform APE 1019 :30 And Swiss one zero one niner fully established one four 1019 APE :35 Swiss one zero one niner "dankeschön" contact Tower one one eight decimal one "ade" APE 1019 :38 One one eight one "adieu" Swiss one zero one niner 401 APE :46 Styrian four zero one, two six track miles APE 401 :50 Enough for us Styrian four zero one 401 APE :52 Roger than and äh XXXXX no more speed restriction unreadable, could be "to confirm" APE 401 :56 Roger XXXXX unreadable, could be "affirm" APE 1579 13:52:21 Arrival "grüezi" Swiss one five seven niner flight level one three zero direct SAFFA Embraer one four five????? knots information India unreadable 1579 APE :28 Swiss one five seven niner Arrival "grüeziwohl" descend to flight level niner zero APE 1579 :31 Level niner zero Swiss one five seven niner Signature of person in charge of transcription : 3-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 280 APE 13:52:35 Makedonian two eight zero reduce to one six zero knots APE 280 :39 Reducing one-sixty Makedonian two eight zero 401 APE :41 Styrian four zero one we have to increase separation for a moment äh reduce now please speed to two one zero knots APE 401 :48 Reducing speed two-ten Styrian four zero one 401 APE :50 Thank you H-KU APE :51 Hotel Kilo Uniform continue climb to seven thousand feet APE H-KU :56 Continue to seven thousand feet Hotel Kilo Uniform 1579 APE :58 Swiss one five seven niner continue on present heading please, vectoring to the ILS runway one four APE 1579 13:53:03 Present heading Swiss one five seven niner APE 280 :06 Fully established Makedonian two eight zero 280 APE :08 Thank you Makedonian two eight zero no further speed restriction contact Tower one one eight decimal one "adieu" APE 280 :13 Eighteen-one thank you APE O-MW :16 Zürich Approach Oscar Echo Kilo Mike Whisky goo good-day O-MW APE :25 Oscar Echo Kilo Mike Whisky go ahead please APE O-MW :27 Oscar Echo Kilo Mike Whisky on an IFR flight, still VFR from Freiburg to äh Lima Oscar Lima Tango.. twenty miles North-East of Tango Romeo Alfa in five thousand five hundred feet in a P A thrity two request IFR pick-up O-MW APE :44 Oscar Echo Mike Whisky roger for the moment squawk six three zero four please APE O-MW :48 Say again Oscar Mike Whisky O-MW APE :50 Oscar Echo Kilo Mike Whisky squawk six three zero four Signature of person in charge of transcription : 4-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 APE O-MW 13:53:56 Say again squawk O-MW APE :58 Stand-by stand-by, call you back 401 APE 13:54:00 Styrian four zero one descend to four thousand feet turn left heading two five zero APE 401 :05 Heading two five zero descending four thousand Styrian four zero one 401 APE :07 Styrian four zero one correct and reduce the speed to one eight zero knots now APE 401 :11 Reducing speed one eight zero knots Styrian.. four zero one O-MW APE :14 Oscar Echo Kilo Mike Whisky squawk one four zero four APE O-MW :20 Squawk one f zero four Oscar Echo Kilo Mike Whisky O-MW APE :24 I do confirm squawk one four zero four APE O-MW :29 One four zero four Oscar Echo Kilo Mike Whisky O-MW APE :32 Correct H-KU APE :39 Hotel Kilo Uniform fly heading three two zero APE H-KU :42 Fly heading three two zero Hotel Kilo Uniform 401 APE :45 Styrian four zero one turn left heading one six zero cleared ILS approach runway one four APE 401 :49 Left one six zero cleared ILS one four Styrian four zero one 1579 APE 13:55:15 Swiss one five seven nine descend to flight level eight zero APE 1579 :17 Level eight zero Swiss one five seven niner 1579 APE 13:56:00 And Swiss one five seven niner äh expect traffic actually one thousand feet below but more or less same direction at your ten o'clock four miles at seven thousand feet Signature of person in charge of transcription : 5-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 APE 1579 13:56:12 Äh Swiss one five seven niner negative contact 1579 APE :16 "Jo" Swiss one five seven niner Cessna three-forty at your eleven now three miles one thousand feet below, I confirm to maintain eight zero four you APE 1579 :26 XXXXX eight zero and traffic in sight Swiss one five seven niner unreadable, could be "doing" H-KU APE :30 Hotel Kilo Uniform you have the tr äh the traffic the Embraer as well in sight at your three o'clock three miles above APE 81R :39 Arrival "guete Tag" Swiss eight one Romeo level one four four for one three zero R J one Hotel information India APE 1579 :47 Just for information Swiss äh one five seven niner this traffic is only four hundred feet below us because he is flying a QNH whereas we're on flight level 1579 APE :54 That's a????? mistake from my side, okay can you pass visual unreadable APE 1579 :57 We passed visual Swiss one five seven climb RA audible in the background 1579 / H-KU APE :59 "Danke vielmol" Hotel Kilo Uniform turn now left heading two five zero APE H-KU 13:57:03 Turn left heading two five zero Hotel Kilo Uniform and traffic in sight APE 1579 :07 Swiss one five seven niner TCAS climb 1579 APE :09 Okay APE 81R :39 Arrival swiss eight one Romeo "guete Tag" level one three five for one three zero with India R J one Hotel 81R APE :41 Swiss eight one Romeo.. f Arrival "guete Tag wohl" continue inbound to Trasadingen please APE 81R :47 To Trasadingen Swiss eight one Romeo Signature of person in charge of transcription : 6-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 1579 APE 13:57:50 Okay Swiss one five seven niner then continue still on the present heading please and reduce the speed to one eight zero knots APE 1579 :57 Heading, flight level eight zero and speed one eight zero knots Swiss one five seven niner 1579 APE 13:58:01 And I really do apologise about this calculating problem and äh can you continue or actually descend again please.. "ja" disregard I call you back for the descent we make it a safe separation five miles, call you back APE 1579 :14 Swiss one five seven nine Roger 1579 APE :16 Okay 1579 APE :36 Swiss one five seven niner now descend again please to five thousand feet on QNH niner niner four APE 1579 :42 Five thousand niner niner four Swiss one five seven niner H-KU APE :49 Hotel Kilo Uniform make it an orbit left at present position please APE H-KU :53 Make an orbit to the left present position Hotel Kilo Uniform 81R APE 13:59:09 Swiss eight one Romeo turn left inbound to SAFFA please APE 81R :13 Left to SAFFA Swiss eight one Romeo 401 APE :15 Styrian four zero one you're cleared to land runway one four the wind is two two zero degrees four knots, on the ground please Tower one one eight decimal one APE 401 :22 On ground eighty-one and cleared to land one four Styrian four zero one APE 1487 :26 Arrival "grüezi" Swiss one four eight seven level one four zero inbound RILAX speed two seven zero R J one hundred information India 1487 APE :35 Swiss one four eight seven Arrival "grüeziwohl" hold at RILAX level one four zero Signature of person in charge of transcription : 7-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 APE 1487 13:59:39 Holding at RILAX one four zero Swiss one four eight seven and the expected approach time please? 1487 APE :44 It's only one orbit APE 1487 :45 Roger 81R APE :46 Swiss eight one Romeo descend to flight level niner zero APE 81R :49 Swiss eight one Romeo leaving one three zero for level niner zero APE 169 :54 Zurich hello Swiss one six nine heavy Airbus information India 169 / 1579 APE :58 Swiss one six niner heavy "grüeziwohl" stand by short, break break Swiss one five seven niner turn left heading one seven zero descend to four thousand feet cleared ILS approach runway one four APE 1579 14:00:06????? cleared for the ILS one four Swiss one five seven niner unreadable 1487 APE :16 And Swiss one four eight seven descend to level one three zero APE 1487 :18 One three zero Swiss one four eight seven and starting to reduce speed 1487 APE :21 Roger then no speed restriction for the moment APE 1487 :23 "Danke" 169 APE :25 Swiss one six niner make it an orbit right-hand overhead RILAX please APE 169 :29 Orbit right-hand overhead RILAX Swiss one six nine H-KU APE :34 Hotel Kilo Uniform continue on heading two seven zero APE H-KU :38 Continue on heading two seven zero Hotel Kilo Uniform Signature of person in charge of transcription : 8-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 81R APE 14:00:43 Swiss eight one Romeo descend to.. eight äh flight level eight zero now please and reduce the speed to twoten APE 81R :50 Descend level eight zero speed two-ten Swiss eight one Romeo O-MW APE 14:01:09 Oscar Echo Kilo Mike Whisky.. continue for the moment VFR I will call you back APE O-MW :20 Reading you two Oscar Echo Kilo Mike Whisky standing by for XXXXX Unreadable, could be "joining" O-MW / H-KU APE :25 Oscar Echo Kilo Mike Whisky stand by please, break break äh Hotel Bravo Lima Kilo Uniform report your speed APE H-KU :31 Speed is äh one five zero Hotel Kilo Uniform H-KU APE :35 Roger 81R APE :37 Swiss eight one Romeo report äh speed äh confirm it's two-ten at the moment as given before? APE 81R :44 Äh passing two-thirty for two-ten Swiss eight one Romeo 81R APE :47 Roger then what is your clean speed? APE 81R :49 Clean two-hundred 81R APE :50 Okay reduce to two zero zero please APE 81R :52 Reducing two zero zero knots Swiss eight one Romeo 81R APE :54 "Dankeschön" 169 APE :56 Swiss one six niner descend to flight level one four zero APE 169 :59 Cleared level one four zero Swiss one six nine 1579 APE 14:02:17 Swiss one five seven niner maintain at least one six zero knots please APE 1579 :20 One five seven niner roger Signature of person in charge of transcription : 9-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 O-MW APE 14:02:22 Oscar Echo Kilo Mike Whisky? APE O-MW :25 Oscar Echo Kilo Mike Whisky Zurich Radar? O-MW APE :27 Contact Zurich Radar on one one niner decimal niner two please APE O-MW :33 I'm reading you only one to two Oscar Echo Kilo Mike Whisky O-MW APE :37 Contact Radar on one one niner decimal niner two APE O-MW :43 One one five decimal niner two Oscar Echo Kilo Mike Whisky O-MW / 81R APE :47 Negative stand by Swiss eight one Romeo would you be able to äh transform the message for me to Oscar Echo Kilo Mike Whisky to contact Radar on one one niner niner two? APE 81R :59 We too.. we do one one niner niner two 81R APE 14:03:01 For the "ja" can you äh give the message please to.. Oscar Echo Kilo Mike Whisky I can't reach them on the frequency any more APE / O-MW 81R :10 To Oscar Echo Kilo Mike Whisky we'll do, Oscar Echo Kilo Mike Whisky from Swiss eight one Romeo? 81R O-MW :16 Oscar Echo Kilo Mike Whisky go ahead O-MW 81R :18 Contact one one niner decimal niner two 81R O-MW :21 Contact one one niner decimal niner two thanks for????? Oscar Echo Kilo Mike Whisky unreadable 81R APE :26 Swiss eight one Romeo thanks very much turn now right onto heading two five zero please APE 81R :30 Right turn heading two five zero Swiss eight one Romeo H-KU APE :32 Hotel Kilo Uniform turn left heading two two zero APE H-KU :36 Turn left heading two two zero Hotel Kilo Uniform Signature of person in charge of transcription : 10-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 1579 APE 14:03:40 Swiss one five seven nine you're number one no speed restriction contact Tower one one eight decimal one APE 1579 :45 One eight one "uf wiederluege" Swiss äh one five seven niner 2 stations in between H-KU APE 14:04:12 Hotel Kilo Uniform descend to four thousand feet APE H-KU :14 Descend to four thousand feet Hotel Kilo 2 stations in between H-KU APE :54 Hotel Kilo Uniform reduce the speed to one two zero knots APE H-KU 14:05:01????? Hotel Kilo Uniform overlapped by other station H-KU APE :04 Hotel Bravo Lima Kilo Uniform reduce speed to one two zero knots turn left heading one seven zero cleared ILS approach runway one four APE H-KU :11 Reduce to one two zero knots left turn heading one seven zero Hotel Kilo Uniform H-KU APE :17 Roger cleared ILS approach runway one four APE H-KU :19 Cleared ILS approach runway one four Hotel Kilo Uni 5 stations in between Signature of person in charge of transcription : 11-12

TRANSCRIPT SHEET Occurrence: SWR1579 / HB-LKU of 18.04.2004 To From Time Communications Observations Col.1 Col.2 Col.3 Col.4 Col.5 APE H-KU 14:06:57 Hotel Kilo Uniform established ILS runway one four H-KU APE :59 Hotel Kilo Uniform roger, you're five and a half miles behind a Piper Archer APE H-KU 14:07:04 Roger Kilo Uniform 5 stations in between H-KU APE 14:08:03 Hotel Kilo Uniform no further speed restriction contact Tower one one eight decimal one "ade" APE H-KU :08 One one eight decimal one "ade" Hotel Kilo Uniform - end - Signature of person in charge of transcription : 12-12

Src APN Analysis: SWR1579 HB LKU Time [UTC]: 18.04.2004 13:58:26 45 250 SWR1579 a75 SAF S 081 a75 13:58:15 13:58:19 1.6 NM 300 ft 092 081 13:58:11 081 13:58:06 082 13:58:03 083 13:57:59 140 HBLKU a72 EKR080 L 083 13:57:55 a71 a71 13:58:11 a72 13:58:15 13:58:19 a72 a71 a71 13:57:39 a72 a72 a71 13:57:43 13:57:35 13:57:30 13:57:46 a73 a71 13:57:50 13:57:26 a72 a71 13:57:55 13:57:23 a72 13:57:59 13:57:19 083 a71 13:57:19 085 13:58:03 13:57:51 085 13:57:47 085 13:57:43 086 13:57:39 086 13:57:35 086 13:57:31 085 13:57:26 084 13:57:23 a71 13:57:15 a71 13:57:10 a71 13:57:06 082 13:57:15 a71 13:57:03 13:56:59 13:56: N km NM 1 : 39,583 0 0.5 1 0 0.5 Name: Claudio Di Palma OZEOdc Eval Date: 28.04.2004

Src APN Analysis: SWR1579 HB LKU Time [UTC]: 18.04.2004 13:57:18 km NM N 1 : 47,823 0 0.5 1 0 250 SWR1579 082 SAF S 082 13:57:11 160 HBLKU a71 EKR080 L a71 13:57:10 a71 13:57:06 a71 13:57:03 13:56:59 13:56:55 13:56:51 13:56:46 13:56:43 13:56:39 081 081 a75 a75 a75 a75 a75 a75 a75 13:56:0713:56:03 a75 a75 a75 a75 13:56:1513:56:11 a75 a75 a75 13:56:3513:56:313:56:2713:56:2313:56:19 081 13:56:5113:56:4713:56:4313:56:39 13:57:0313:56:5913:56:55 13:57:07 0.9 NM 1000 ft 244 1.1 NM 400 ft 241 1.4 NM 500 ft 239 13:56:35 13:56:30 13:56:26 13:56:23 13:56:19 13:56:15 13:56:10 13:56:06 13:56:03 13:55:59 a69 13:55:55 a69 13:55:50 a68 13:55:46 a68 13:55:43 2.8 NM 3.0 NM 1.9 NM 2.1 NM 2.4 NM 2.5 NM 1.6 NM 500 ft 500 ft 500 ft 500 ft 500 ft 500 ft 500 ft 232 232 235 235 234 233 238 Name: Claudio Di Palma OZEOdc Eval Date: 21.04.2004

Src APN EDUMI Analysis: SWR1579 HB LKU Time [UTC]: 18.04.2004 13:57:18 TRA 160 HBLKU a71 EKR080 L a71 13:57:03 13:56:43 250 SWR1579 082 SAF S a75 13:57:03 a75 13:56:43 a75 13:56:23 081 13:56:03 086 13:55:43 SAFFA 090 13:55:23 094 13:55:03 100 13:54:43 107 13:54:23 111 13:54:03 115 13:53:43 13:56:23 13:56:03 a68 13:55:43 a66 13:55:23 a63 13:55:03 a61 13:54:43 a46 a42 13:45:22 a40 13:45:42 a39 13:46:02 a36 13:46:22 180 STY401 a40 SAF S a32 13:46:42 a58 13:54:23 a55 13:54:02 a52 13:53:43 a49 13:53:22 a46 13:53:03 a43 13:52:42 a42 a28 13:52:22 13:47:02 a40 a24 13:52:02 13:47:22 a36 a21 13:51:42 13:47:42 a19 a34 13:48:02 a17 13:51:22 13:48:22 a32 N a17 13:48:42 13:51:02 1 : 199,386 a19 13:49:02 a30 a21 13:50:42 km 13:49:22 0 1.5 3 4.5 6 KLO VOR/DME a28 a24 140 13:50:22 a26 NM 13:49:42 HBVMU 13:50:02 0 1.5 3 a24 ODI270 DALIK ZH500 ZH502 ZUE KUDES Name: Claudio Di Palma OZEOdc Eval Date: 21.04.2004

Src APN Analysis: SWR1579 HB LKU Time [UTC]: 18.04.2004 13:59:13 45 220 SWR1579 a73 SAF S a74 13:59:07 a75 a75 13:58:59 13:58:51 a75 13:58:43 a75 13:58:35 a74 13:58:26 a75 13:58:19 081 13:58:11 082 13:58:03 083 13:57:55 a72 a71 13:57:39 a72 a71 13:57:46 13:57:30 a72 a7113:57:55 13:57:23 082 a71 13:58:03 13:57:15 13:57:15 081 13:57:07 a75 13:56:59 3.0 NM 100 ft 101 TRA 085 a71 13:57:47 a7213:58:11 a72 13:58:19 a72 a72 a73 13:58:26 a72 13:58:51 13:58:43 13:58:35 13:58:59 a72 13:59:07 086 13:57:39 086 13:57:31 084 13:57:23 a71 13:57:06 13:56:59 140 HBLKU a72 EKR080 L 13:56:51 13:56:43 13:56:35 13:56:26 13:56:19 13:56:10 13:56:0 N km NM 1 : 74,380 0 0.5 1 1.5 2 0 0.5 1 Name: Claudio Di Palma DMO Eval Date: 19.04.2005