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NEW YORK (CBS) ― Could the Tragedy on the Hudson have been prevented?

As investigators piece together the incident's final moments, one New York lawmaker wants change in the way pilots fly between Manhattan and New Jersey, and he's not mincing words.

Some call the skies over the Hudson River the "Wild West of Airspace."

As federal authorities investigate to see if a lack of regulations led to the deadly midair collision between a Liberty tour chopper and a small plane this month, Democratic US Senator Charles Schumer wants the FAA to make changes now.

"I'm here to tell you this tragedy could have been prevented," Schumer said.

In the Hudson air corridor, helicopters and planes may fly below 1,000 feet without having to be in contact with air traffic controllers.

The senator unveiled a plan Sunday that would require the FAA to monitor all aircraft, and to fully staff control towers at Teterboro Airport. That's where two employees have been placed on administrative leave in connection with the August 8 collision.

Schumer says he's been raising the red flag since 2004.

"The old FAA administrator was a political hack," Schumer said. "She didn't know what she was doing."

FAA officials would not comment on Schumer's new proposal. A spokesperson said the agency, which now has a new administrator, has been doing its own investigation and plans on making an announcement soon.

Some pilots say they like the regulations over the Hudson River just the way they are.

"People that fly in this area and know what they're doing, they've been doing it for years," pilot Stanley Sanders said.

Schumer says the FAA has money budgeted for changes and staffing, but that it has chosen to make cuts over the years, sacrificing air safety in the congested area.

FAA officials say the reason they can't comment on Schumer's proposal is because they haven't seen his plan. They want to assure the public that the airspace over the Hudson is safe.

Schumer's plan also includes using a new satellite system to keep an eye on all aircraft.

The National Transportation Safety Board said in a letter that if the controller at Teterboro Airport in New Jersey had been following procedures he would have warned the pilot of the other traffic in his path.

CBS 2 HD obtained transcripts that show the controller was joking about barbecuing a cat moments before the crash. It ended with the fixed wing and chopper colliding, but in the minutes leading up to the crash the Teterboro controller was distracted by a personal phone call.

 Complete Controller Transcripts

The transcript of the conversation, between the controller and a woman at the airport operations center, occurs between his radio communications with the pilot of the doomed aircraft.

"Do we have plenty of gas for the grill?" He asks.

She responds, "We won't be able to do it today."

"Fire up the cat," he said, referring to a dead cat found earlier.

"Ooh disgusting," the woman said. "That thing was disgusting."

Three minutes of similar banter continue as the controller also tells the Piper to start the turn toward the river, and instructs him to switch frequencies and contact Newark.

But Newark tower is worried.

Newark: "Hey Teterboro, Newark. Would you switch that guy, maybe put him on a two-twenty heading to get away from that other traffic please?"

Teterboro: "Say again Newark?"

Newark: "Can you switch that PA-32, the piper."

Teterboro: "I … did keep an eye on him though."

Newark: "I'm not talking to him so..."

The co-worker is still on the phone listening as he tried to radio the piper and gets no answer.

Teterboro: "Damn."

"What's the matter?" she asks.

"Let me straighten stuff out," he says and hangs up.

But he never did.

The essence of the controller's contribution to this accident is that he was not doing his job. It's his job to point out other traffic, okay? Before he transfers the other plane over to Newark," aviation expert Al Yurman told CBS 2 HD.

The controllers union continues to assert that the call had nothing to do with the accident, but agrees it is a potential disciplinary matter.



 

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