American Airlines crew in near-miss at JFK subpoenaed after REFUSING to be interviewed

The crew of an American Airlines flight involved in a terrifying near miss at JFK in January have been served subpoenas by investigators after they declined to give on-tape interviews about the incident.

The National Transportation Safety Board (NTSB) said its investigators have made three attempts to quiz staff on the aircraft, which was involved in the incident on January 13.

The AA flight crossed a runway at JFK without clearing, forcing a Delta flight to perform an emergency stop moments before takeoff. The Delta Boeing 737 stopped about 1,000 feet from where the American Airlines plane had crossed from an adjacent taxiway.

NTSB investigators have now subpoenaed the AA crew. A report said the crew 'refused to be interviewed on the basis that their statements would be audio recorded for transcription'.

In a preliminary report published on Friday, the NTSB also said cockpit recorder data from both flights had been 'overwritten'. Rules state these recorders must record for two hours at a time before they are overwritten.

The near miss incident at JFK on January 13 occurred when a Delta aircraft which was about to take off had to perform an emergency stop after an American Airlines plane crossed onto the runway. AA crews have refused to give on-tape interviews about the incident

An air traffic controller who realized what was unfolding is heard on radio exchanges saying: 'S***! F***! Delta 1943, cancel takeoff clearance! Delta 1943, cancel takeoff clearance!'

A spokesman for American Airlines said: 'The safety of our customers and team members is our top priority and we are cooperating with the National Transportation Safety Board in its investigation of American Airlines flight 106'

The report said: 'NTSB attempted to interview the American Airlines flight crew three different times. American Airlines cleared the flight crew's schedule to ensure their availability; however, the flight crew refused to be interviewed on the basis that their statements would be audio recorded for transcription.

'On behalf of the crew, the APA party representative informed the NTSB that the crew would not consent to participate in audio recorded interviews in any manner.

'NTSB has determined that this investigation requires that the flight crew interviews be audio recorded and transcribed by a court reporter to ensure the highest degree of accuracy, completeness, and efficiency.

'As a result of the flight crew's repeated unwillingness to proceed with a recorded interview, subpoenas for their testimony have been issued.'

The crew of the Delta flight reportedly gave written statements which were deemed 'sufficient... given their role in the incident'. 

The Allied Pilots Association, the union representing the AA pilots, said it has raised 'concerns' with the NTSB's 'recent insistence on electronically recording crew interviews during investigations'.

A statement said written records of interviews was 'sufficient' and 'the introduction of electronic recording devices into witness interviews is more likely to hinder the investigation process than it is to improve it'.

'Not only may the recording of interviews lead to less candid responses from those witnesses who may choose to proceed under such requirements, but the existence and potential availability of interview recordings upon conclusion of an investigation will tend to lead many otherwise willing crew members to elect not to participate in interviews at all,' the APA said.

The Federal Aviation Administration is also investigating the incident on January 13

Dramatic audio of the radio exchange between the pilots and air traffic controllers reveals the heart-stopping moment the flights nearly collided.

An air traffic controller who realized what was unfolding is heard exclaiming: 'S***! F***! Delta 1943, cancel takeoff clearance! Delta 1943, cancel takeoff clearance!'

The incident is currently under investigation by the Federal Aviation Administration.

A spokesman for American Airlines said: 'The safety of our customers and team members is our top priority and we are cooperating with the National Transportation Safety Board in its investigation of American Airlines flight 106.' 

It comes amid a spate of worrying near misses at US airports.

On Friday, February 3, a Boeing 767 FedEx cargo plane landing at Austin-Bergstrom International came within less than 100ft of a Southwest Airlines 737 aircraft that was taking off from the same runway.

NTSB chair Jennifer Homendy said it was 'fairly clear that the aircraft came within very close proximity of each other, and we believe it’s less than 100 feet', during the incident in Austin.

The incident at JFK came weeks before another near miss in Austin. A Southwest Airlines Boeing 737, in yellow, had remained on the runway as the FedEx Boeing 767, in orange, had been cleared to land

The FedEx flight was several miles from the airport when it was cleared to land, according to the FAA.

But as it was about to touch down, an air traffic controller also gave the go-ahead for the Southwest Boeing 737 to take off on the exact same stretch of tarmac.

The Southwest flight to Cancun, Mexico still continued its takeoff even while the FedEx cargo plane was directly above it.

The Southwest jet was able to depart safely, according to the FAA.

FedEx said its flight 'safely landed after encountering an event,' but declined to comment further because of the ongoing investigations.

Austin Airport said it was 'aware of the Federal Aviation Administration's investigation into the discontinued landing of a flight. We will assist our FAA partners and their investigation as necessary.'