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Regulations includes an illustrative diagram indicating very clearly that the 3,500-fooot altitude specified in CAR60.471 is to be measured with respect to local ground level.
The testimony revealed that Bomber Pilot Wilson, Lieutenant Herbert, Commanding Officer of the Ferrying Command branch at Palm Springs, and Major Dunlap, Operations Officer of the Sixth Ferrying Command at Long Beach, were under the impression that the 3,500—foot limit prescribed in the above-quoted regulation was interpreted as 3,500 feet above the highest point on the airway "between two radio ranges" in one case, and between "two radio fixes" in another.
Although they testified that they were under the impression that such an interpretation had been received at some time or another by the Ferrying Command from Civil Aeronautics Administration personnel, they were unable to name any individual involved, any particular meeting at which such an interpretation had been given, or produce any specific evidence thereof. Furthermore, the Civil Aeronautics Administration Personnel who testified stated that in their meetings with Army personnel on air traffic rules they had given an interpretation of the rule under discussion which was in agreement with the graphic illustration in Civil Aeronautics Manual No. 60.
The content of this regulation, and its misinterpretation by certain personnel, are not considered to have had any direct causative relation with the accident. No specification of altitude levels should have been necessary to prevent an experienced pilot from bringing his aircraft deliberately into such close proximity to an airliner; and his action was not only in violation of ordinary good flying practice and common sense, but specifically in violation of the regulation (60.343)
