Avianca Flight 52 Crash - Who is responsible

I just watched an episode of Air Crash Investigation regarding the crash of Avianca Flight 052. At the end of the show, the investigators declared that the crash was due to pilot error. Great injustice unfolded as the FAA stated that the crew never declared a fuel emergency.

The crew did alerted the controller that their aircraft were low on fuel. Isn't that an emergency situation. American are smart people but this episode demonstrates that some American (the air controller for Avianca Flight 052) are also not so smart and inconsiderate.

On January 25, 1990, Avianca Flight 52 had been in a holding pattern over New York for over one hour due to fog limiting arrivals and departures into JFK International Airport. During this hold, the aircraft was exhausting its reserve fuel supply which would have allowed it to divert to its alternate, Boston, in case of an emergency or situation such as this one.

Long story made short, the crew alerted the controller that they were low on fuel and in a subsequent transmission stated “We’re running out of fuel, sir.” The controller asked the crew to climb to which the first officer replied “No, sir, we’re running out of fuel.”

Moments later, the number four engine flamed out, shortly followed by the other three. With the aircraft's main source of electrical power, its generators, now gone and with only battery power remaining, automatic load shedding would have caused many non-essential electrical systems to lose power and the cabin would have been plunged into darkness. Within seconds, the aircraft had lost thrust from its 4 engines, causing it to plunge into the small, wealthy village of Cove Neck in northern Long Island, in Oyster Bay; 15 miles (24 km) from the airport.

The Avianca Flight 52 Crash resulted in 73 passengers and crew died, while 85 survived with injuries.

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