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Captain not only had a whole host of issues nervousness and difficulties with checklists but flunked this particular maneuver which led toot deaths of these passengers is hard to imagine. we're talking about a part of the world, and peter and i have talked about this quite a bit, where it's growing very rapidly. the airlines are growing rapidly. there's a demand for pilots. and i hope that these airlines learn the hard lessons that we've learned here in the united states about safety. i'm not certain they have. >> peter, here in america, what are the regulations if a pilot fails a simulator te...

The relationship between the two pilots. >> at the same time, the co-pilot will be putting out a may day call. so, for me, the importance of the simulator goes beyond just simple procedures. it is key to the training. these guys have to sit in the simulator every year and pass a simulator test. >> are they going through that simulator now, the fbi, to determine whether he had been practicing these scenarios you werus the mentioning? >> i think it is very real. depending on what parts of the route that they are on, then i could see why this guy who is a trained captain would want to practice th...

Supreme court. i guess, pete, you would think it's conventional assumption that they should be able to do this, though. >> reporter: federal law does provide them immunity unless they act in bad faith and that's the question here. this involves a pilot for air wisconsin airways flying commuter planes for united express. he had to take new tests to be upgraded to a different plane and he failed a simulator test three times. he claims he was set up by people in the airline who wanted him out. but in any event when he failed it the last time, he got mad, he yelled at the instructor, threw his hea...