Narrative:

As we approached runway 30L at sjc, we noticed an aircraft on final approach. We contacted the tower, informed them we were ready for takeoff. Tower then cleared us in position, on the hold, the time was XA19 local. The tower controller became very busy with a number of light aircraft. Our conversation was concerned with the aircraft we had seen on final, we thought, perhaps it was landing on runway 30R. As we continued to hold, I added more lights on the strobes, position and beacon lights were on as we went in position, first putting on the right and then left landing light. The tower frequency was extremely congested, we wanted to inform the tower that we were still in position, but we couldn't break in. At approximately XA20 or XA22 a DC9-80 asked the tower if they were still cleared to land. The tower confirmed clearance to land as they passed overhead and landed on runway 30L. That was our first real confirmation that an aircraft was in fact on final for runway 30L. Immediately after the DC9-80 landed we were able to call the tower and asked if they knew that we were in position on runway 30L. The tower paused, but then affirmed our presence. At XA23 we were cleared for takeoff and the remainder of the flight proceeded uneventfully. After speaking with the tower manager at sjc, it was obvious that the tower controller was in error -- he was overloaded with light aircraft. However, my main concern is with the other crew, who continued their approach to landing with an aircraft on the runway. In my opinion this crew was negligent, they had to have seen us. At the very least, their situational awareness was non-existent.

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Original NASA ASRS Text

Title: ACR LANDS OVER THE TOP OF ANOTHER ACR OCCUPYING THE SAME RWY AS PER TWR CLRNC.

Narrative: AS WE APCHED RWY 30L AT SJC, WE NOTICED AN ACFT ON FINAL APCH. WE CONTACTED THE TWR, INFORMED THEM WE WERE READY FOR TKOF. TWR THEN CLRED US IN POS, ON THE HOLD, THE TIME WAS XA19 LCL. THE TWR CTLR BECAME VERY BUSY WITH A NUMBER OF LIGHT ACFT. OUR CONVERSATION WAS CONCERNED WITH THE ACFT WE HAD SEEN ON FINAL, WE THOUGHT, PERHAPS IT WAS LNDG ON RWY 30R. AS WE CONTINUED TO HOLD, I ADDED MORE LIGHTS ON THE STROBES, POS AND BEACON LIGHTS WERE ON AS WE WENT IN POS, FIRST PUTTING ON THE R AND THEN L LNDG LIGHT. THE TWR FREQ WAS EXTREMELY CONGESTED, WE WANTED TO INFORM THE TWR THAT WE WERE STILL IN POS, BUT WE COULDN'T BREAK IN. AT APPROX XA20 OR XA22 A DC9-80 ASKED THE TWR IF THEY WERE STILL CLRED TO LAND. THE TWR CONFIRMED CLRNC TO LAND AS THEY PASSED OVERHEAD AND LANDED ON RWY 30L. THAT WAS OUR FIRST REAL CONFIRMATION THAT AN ACFT WAS IN FACT ON FINAL FOR RWY 30L. IMMEDIATELY AFTER THE DC9-80 LANDED WE WERE ABLE TO CALL THE TWR AND ASKED IF THEY KNEW THAT WE WERE IN POS ON RWY 30L. THE TWR PAUSED, BUT THEN AFFIRMED OUR PRESENCE. AT XA23 WE WERE CLRED FOR TKOF AND THE REMAINDER OF THE FLT PROCEEDED UNEVENTFULLY. AFTER SPEAKING WITH THE TWR MGR AT SJC, IT WAS OBVIOUS THAT THE TWR CTLR WAS IN ERROR -- HE WAS OVERLOADED WITH LIGHT ACFT. HOWEVER, MY MAIN CONCERN IS WITH THE OTHER CREW, WHO CONTINUED THEIR APCH TO LNDG WITH AN ACFT ON THE RWY. IN MY OPINION THIS CREW WAS NEGLIGENT, THEY HAD TO HAVE SEEN US. AT THE VERY LEAST, THEIR SITUATIONAL AWARENESS WAS NON-EXISTENT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.