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Polish comments on the draft of the final report
On the same day that the final report was published by MAK, Poland published its comments on the draft of the final report[14] sent to MAK before.
Poland states that their comments were not taken into consideration. MAK did not include them in the report, but published this document on its
website among other appendixes.[15] Poland also published a final version of MAK report with changes performed by MAK in reaction for Polish comments
highlighted (red color means changes of text, blue means text addition).[81]
Main points of Polish comments:[14]
* A list of documents, evidence, and other information requested by Poland but not received from the Russian side (First table in document "LISTA
WYSTAPIEN STRONY POLSKIEJ O DOKUMENTACJE"/List of requests from Poland about documentation. Entry "Nie otrzymano" means "Not received").[14] Sample of
them: Standards of certification for usage of military airports on the Russian Federation territory, Instructions for flights in Smolensk area.
* Poland notes that according to international agreement between Poland and Russia from 1993 PLF 101 was classified in Poland as a military plane
and should be treated as performing a military operation also on territory of Russian Federation, especially in non-classified airspace and during
approaching a military airport, without ICAO certification. In military operation ATC can give order to crew about landing decision in opposite to
civilian flight when ATC gives only recommendation, but final decision about landing is pilots' responsibility.[14]
* Information that result of analysis of CVR (Cockpit Voice Recorder), performed by Polish Commission for the Investigation of National Aviation
Accidents, says that first officer gives command "go around" at 100m altitude[14][17][18] This analysis has been ignored by MAK's final report.[1]
* Request for document confirmation that Commander of the Landing Zone was allowed to work in bad weather conditions. Documents confirm only
admission for work at day and night in normal weather conditions. Poland notices also that Commander of the Landing Zone had never before worked at
Smolensk and in last 12 months performed this function only 7 times. All that information is in his testimony. There is no documentation which
certificate Commander of the Landing Zone on Smolensk airport which is required by Russian Law.[14]
* Polish position that ATC gives wrong information for PLF 101 ("on course, on glide slope") and "Level 101" was given too late.[14] According to
Final Report at this moment plane was up to 15–20 meters above runway level and 1400 meters before runway begins.[1]
* Differences in approach card described by Final Report and approach card received by Poland before 10 April 2010 with information that Russia sent
documents without information about reference system of coordinates in document. Poland assumed that coordinates are expressed using WGS-84 which is
world wide standard. Current standard for reference system used in Russia (according to its own law regulation) is PZ-90 which differ from WGS-84 by
less than 40 cm (16 in) in any given direction.[14]
* Doubts about Smolensk compliance with Russian regulations because there were trees and other obstacles in an area 300 to 900m long before the
runway. The heights of these obstacles are 15m higher than allowed (according to both Russian and ICAO regulations). After the accident, trees in this
area were cut.[14] The structure of flight PLF 101 began to be destroyed in that area.[1]
* Polish explanation that there is no requirement in Military aviation for aircraft to have insurance (PLF 101 was owned and maintained by the Polish
Military) and even civil regulations allows other financial protections besides insurance. In the case of PLF 101, the Polish National Treasury was
financially responsible for the aircraft.[14]
* Polish explanation that, according to Polish law, Certificate of Airworthiness is required for civilian planes and is not obligatory for military
machines — instead of this certificate, Polish military planes have to accomplish conditions regulated by "Instrukcja służby
inżynieryjno-lotniczej Lotnictwa Sił Zbrojnych RP" (Instruction for engineering and aviation service of Aviation Forces in Republic of Poland).
Poland also provides list of documents that confirm plane compliance with that document.[14]
* Information that Polish side had not received documentation of control flight over Smolensk nor documentation of RSP-6m2 radar system used in
ATC.[14]
* Doubts about reliability of protocol after control flight which confirmed that light system (LUCZ-2MU) is working properly on Smolensk when MAK
Final Report says it did not. Polish specialists were not allowed to be present during control flight.[14]
* Doubts about proper work of radar display according to protocol from control flight.[14]
* Request for source data to marker location on radar display described in Final Report. Information provided to Poland says that camera recorder in
ATC was corrupted and there is no information about any other source data.[14]
* Request for information about 13 recorders mounted in ATC, and data recorded (even corrupted) for analysis. MAK states that camera, voice recorders
and photo laboratory not worked properly and a lot of information was not saved.[14]
* Information that FCOM of TU-154M in fact does not prescribe using the autopilot during non-precision approach, however this is also not
forbidden.[14]
* Expressed lack of any document that confirms PLF 101's status under Russian law.[14]
* Request for source data and method of calculation of PLF 101's weight. Poland says that original documentation about loading and weight measure
was destroyed.[14]
* Allegations that documents certifying the medical examination of air controllers had manual corrections and are inconsistent with their testimonies
where they confirmed that medical point was closed on 10 April 2010.[14]
* Correction of number of specialists - with list of their certifications - that performed technical support on PLF 101[14]
edit on 27-3-2011 by TheRemedial because: (no reason given)