Narrative:

While working the position of parallel monitor I witnessed the following event which I believe is highly unsafe and requires an immediate solution. Ord tower released air carrier X; a heavy airbus off of runway 32R on an initial runway heading. Approximately 4-5 miles northwest of the airport the tower controller issued a low altitude alert due to the aircraft's slow departure climb rate and his danger to terrain; airspace; obstacles and potentially other aircraft. Clearly not understanding what the tower controller meant; and responding in broken english; air carrier X stated his altitude of one thousand four hundred feet. The tower controller then issued a right turn to 060 degrees putting the aircraft directly through pwk class D airspace. This turn placed any aircraft within the class D at a severe conflict with the heavy jet. Air carrier X crossed only 1/2 mile from the departure end of the active runway 16 at 2;000 feet. The procedure and situation: pwk departs runway 16 in a left turn to a heading specified by the radar controller climbing to 2;000 feet. Ord tower releases aircraft off of runway 32R climbing to 5;000 feet with applicable crossing restrictions per the SID. The aircraft is procedurally separated as long as it is able to make the crossing restrictions. Just prior to this taking place the controller working the north satellite airspace; whom is responsible for departures from pwk airport was called for a release off of runway 16. This controller had previously observed other ord departures having difficulty making the SID crossing restrictions; and others not making any of the restrictions. He was never told that any of the aircraft would be unable to make the SID; which is required in the event that they cannot make these restrictions. Also knowing full well that it would be an air carrier X flight that was being released for departure; the radar controller held the pwk aircraft for release. He did this because he knew; as we all do; that air carrier X has not and never will make any of the crossing restrictions for the SID. The tower advised the radar supervisor that they would protect the pwk airspace; as they are required to do regardless of who is released. When the tower controller was questioned about this incident he responded that air carrier X did not tell him he could not make the crossing restriction. Although a pilot is required to advise a controller if he is unable to comply with the procedure air carrier X has never been able to meet a SID crossing restriction; good judgment must be used in this situation. When dealing with foreign pilots that barely speak english as it is you must give latitude and be vigilant to ensure they are complying with all instructions to include: speed; heading; and altitudes. This constant issue needs to be resolved in the interests of flight safety as it pertains to other aircraft as they fly in and out of the ord terminal airspace. Stating that he didn't know that air carrier X didn't state he could not make the SID is not a valid excuse when he hasn't made a crossing restriction in 4 years. The question is; does there have to be a dramatic event before the problem will be fixed.

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Original NASA ASRS Text

Title: C90 CTLR EXPRESSED CONCERN REGARDING FOREIGN HVY ACFT THAT ARE CONSISTENTLY UNABLE TO MEET SID CROSSING RESTRICTIONS AND DO NOT ADVISE ATC THAT THEY ARE UNABLE.

Narrative: WHILE WORKING THE POSITION OF PARALLEL MONITOR I WITNESSED THE FOLLOWING EVENT WHICH I BELIEVE IS HIGHLY UNSAFE AND REQUIRES AN IMMEDIATE SOLUTION. ORD TOWER RELEASED ACR X; A HEAVY AIRBUS OFF OF RUNWAY 32R ON AN INITIAL RUNWAY HEADING. APPROXIMATELY 4-5 MILES NORTHWEST OF THE AIRPORT THE TOWER CONTROLLER ISSUED A LOW ALTITUDE ALERT DUE TO THE AIRCRAFT'S SLOW DEPARTURE CLIMB RATE AND HIS DANGER TO TERRAIN; AIRSPACE; OBSTACLES AND POTENTIALLY OTHER AIRCRAFT. CLEARLY NOT UNDERSTANDING WHAT THE TOWER CONTROLLER MEANT; AND RESPONDING IN BROKEN ENGLISH; ACR X STATED HIS ALTITUDE OF ONE THOUSAND FOUR HUNDRED FEET. THE TOWER CONTROLLER THEN ISSUED A RIGHT TURN TO 060 DEGREES PUTTING THE AIRCRAFT DIRECTLY THROUGH PWK CLASS D AIRSPACE. THIS TURN PLACED ANY AIRCRAFT WITHIN THE CLASS D AT A SEVERE CONFLICT WITH THE HEAVY JET. ACR X CROSSED ONLY 1/2 MILE FROM THE DEPARTURE END OF THE ACTIVE RWY 16 AT 2;000 FEET. THE PROCEDURE AND SITUATION: PWK DEPARTS RUNWAY 16 IN A LEFT TURN TO A HEADING SPECIFIED BY THE RADAR CONTROLLER CLIMBING TO 2;000 FEET. ORD TOWER RELEASES AIRCRAFT OFF OF RUNWAY 32R CLIMBING TO 5;000 FEET WITH APPLICABLE CROSSING RESTRICTIONS PER THE SID. THE AIRCRAFT IS PROCEDURALLY SEPARATED AS LONG AS IT IS ABLE TO MAKE THE CROSSING RESTRICTIONS. JUST PRIOR TO THIS TAKING PLACE THE CONTROLLER WORKING THE NORTH SATELLITE AIRSPACE; WHOM IS RESPONSIBLE FOR DEPARTURES FROM PWK AIRPORT WAS CALLED FOR A RELEASE OFF OF RUNWAY 16. THIS CONTROLLER HAD PREVIOUSLY OBSERVED OTHER ORD DEPARTURES HAVING DIFFICULTY MAKING THE SID CROSSING RESTRICTIONS; AND OTHERS NOT MAKING ANY OF THE RESTRICTIONS. HE WAS NEVER TOLD THAT ANY OF THE AIRCRAFT WOULD BE UNABLE TO MAKE THE SID; WHICH IS REQUIRED IN THE EVENT THAT THEY CANNOT MAKE THESE RESTRICTIONS. ALSO KNOWING FULL WELL THAT IT WOULD BE AN ACR X FLIGHT THAT WAS BEING RELEASED FOR DEPARTURE; THE RADAR CONTROLLER HELD THE PWK AIRCRAFT FOR RELEASE. HE DID THIS BECAUSE HE KNEW; AS WE ALL DO; THAT ACR X HAS NOT AND NEVER WILL MAKE ANY OF THE CROSSING RESTRICTIONS FOR THE SID. THE TOWER ADVISED THE RADAR SUPERVISOR THAT THEY WOULD PROTECT THE PWK AIRSPACE; AS THEY ARE REQUIRED TO DO REGARDLESS OF WHO IS RELEASED. WHEN THE TOWER CONTROLLER WAS QUESTIONED ABOUT THIS INCIDENT HE RESPONDED THAT ACR X DID NOT TELL HIM HE COULD NOT MAKE THE CROSSING RESTRICTION. ALTHOUGH A PILOT IS REQUIRED TO ADVISE A CONTROLLER IF HE IS UNABLE TO COMPLY WITH THE PROCEDURE ACR X HAS NEVER BEEN ABLE TO MEET A SID CROSSING RESTRICTION; GOOD JUDGMENT MUST BE USED IN THIS SITUATION. WHEN DEALING WITH FOREIGN PILOTS THAT BARELY SPEAK ENGLISH AS IT IS YOU MUST GIVE LATITUDE AND BE VIGILANT TO ENSURE THEY ARE COMPLYING WITH ALL INSTRUCTIONS TO INCLUDE: SPEED; HEADING; AND ALTITUDES. THIS CONSTANT ISSUE NEEDS TO BE RESOLVED IN THE INTERESTS OF FLIGHT SAFETY AS IT PERTAINS TO OTHER AIRCRAFT AS THEY FLY IN AND OUT OF THE ORD TERMINAL AIRSPACE. STATING THAT HE DIDN'T KNOW THAT ACR X DIDN'T STATE HE COULD NOT MAKE THE SID IS NOT A VALID EXCUSE WHEN HE HASN'T MADE A CROSSING RESTRICTION IN 4 YEARS. THE QUESTION IS; DOES THERE HAVE TO BE A DRAMATIC EVENT BEFORE THE PROBLEM WILL BE FIXED.

Data retrieved from NASA's ASRS site as of January 2009 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.