LR60 flight crew challenges ATCT local controller when, being issued takeoff clearance, still observ...

Attributes
ACN	406290
Time
Date	199806
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : bed
State Reference	MA
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : bed
Operator	general aviation : corporate
Make Model Name	Learjet 60
Operating Under FAR Part	Part 91
Navigation In Use	Other Other
Flight Phase	climbout : takeoff
Route In Use	departure other
Flight Plan	IFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	PA-28 Cherokee/Archer II/Dakota/Pillan/Warrior
Operating Under FAR Part	Part 91
Flight Phase	descent : approach landing : go around landing other
Route In Use	arrival other
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi
Experience	flight time last 90 days : 100 flight time total : 4925 flight time type : 600
ASRS Report	406290
Person 2
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	other anomaly other
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

The tower was very busy with many VFR arrs. We were holding short and called for takeoff. The tower issued a position and hold clearance when both pilots noticed a PA28 on about a 1 mi final and PNF questioned the tower about the traffic. The tower said they were going to break the PA28 off and issued a clearance for the PA28 to go around and enter a left downwind. The tower then asked us if we had a cessna departing the runway in sight, and he would be turning for a right downwind. The PNF acknowledged the cessna in sight, and we were cleared for takeoff. I hesitated on our takeoff roll to spot the PA28 and when I spotted him, he was over the runway and had not entered downwind. The PNF could not get on frequency to tell the tower we were waiting for the traffic due to frequency congestion and the controller trying to 'fly' several of the airplanes. When the PNF finally reached the tower and asked about the PA28, she stated that he was going to enter a left downwind and admonished us for not taking off because we were cleared for takeoff. The PNF stated 'we are not going to takeoff with an airplane over the runway.' the tower then issued a turn for the PA28 and once clear we proceeded with our takeoff. We would have had a traffic conflict and a near miss if we had rolled when our initial takeoff clearance was issued.

Original NASA ASRS Text

Title: LR60 FLC CHALLENGES ATCT LCL CTLR WHEN, BEING ISSUED TKOF CLRNC, STILL OBSERVES A PA28 OVER THE RWY AND A CESSNA ON INITIAL CLBOUT AT RWY DEP END. CTLR ATTEMPTS ADMONISHMENT, BUT PIC BRINGS TFC SIT TO CTLR'S ATTN.

Narrative: THE TWR WAS VERY BUSY WITH MANY VFR ARRS. WE WERE HOLDING SHORT AND CALLED FOR TKOF. THE TWR ISSUED A POS AND HOLD CLRNC WHEN BOTH PLTS NOTICED A PA28 ON ABOUT A 1 MI FINAL AND PNF QUESTIONED THE TWR ABOUT THE TFC. THE TWR SAID THEY WERE GOING TO BREAK THE PA28 OFF AND ISSUED A CLRNC FOR THE PA28 TO GAR AND ENTER A L DOWNWIND. THE TWR THEN ASKED US IF WE HAD A CESSNA DEPARTING THE RWY IN SIGHT, AND HE WOULD BE TURNING FOR A R DOWNWIND. THE PNF ACKNOWLEDGED THE CESSNA IN SIGHT, AND WE WERE CLRED FOR TKOF. I HESITATED ON OUR TKOF ROLL TO SPOT THE PA28 AND WHEN I SPOTTED HIM, HE WAS OVER THE RWY AND HAD NOT ENTERED DOWNWIND. THE PNF COULD NOT GET ON FREQ TO TELL THE TWR WE WERE WAITING FOR THE TFC DUE TO FREQ CONGESTION AND THE CTLR TRYING TO 'FLY' SEVERAL OF THE AIRPLANES. WHEN THE PNF FINALLY REACHED THE TWR AND ASKED ABOUT THE PA28, SHE STATED THAT HE WAS GOING TO ENTER A L DOWNWIND AND ADMONISHED US FOR NOT TAKING OFF BECAUSE WE WERE CLRED FOR TKOF. THE PNF STATED 'WE ARE NOT GOING TO TKOF WITH AN AIRPLANE OVER THE RWY.' THE TWR THEN ISSUED A TURN FOR THE PA28 AND ONCE CLR WE PROCEEDED WITH OUR TKOF. WE WOULD HAVE HAD A TFC CONFLICT AND A NEAR MISS IF WE HAD ROLLED WHEN OUR INITIAL TKOF CLRNC WAS ISSUED.

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.

LR60 flight crew challenges ATCT local controller when, being issued takeoff clearance, still observes a PA28 over the runway and a cessna on initial climb out at runway departure end. Controller attempts admonishment, but PIC brings traffic situation to controller's attention.