Narrative:

On an ILS approach into ewr to runway 9R at approximately 2000', the tower asked if we could reduce speed by 40 KTS on the approach and the captain replied with an affirmative and reduced accordingly. At 1000' we had the runway in sight along with the aircraft on rollout and the tower frequency became increasingly congested with no breaks. At approximately 500' aircraft on runway turned off and was clear. Meanwhile the captain was holding the microphone to his mouth since 1000' trying to gain landing clearance. Just above 100' I said, 'we are not cleared,' and proceeded to call out the last 50' in 10' increments off the radio altimeter as instructed. The tower frequency was cluttered through landing and rollout. The captain was unable to get in to transmit till we cleared the runway. He then challenged the tower on the incident and they did not realize what his realize what his remark concerned as if we had been cleared to land. After a short confrontation the tower declared we landed west/O a clearance and the captain replied, 'at captain's emergency.' there was no further incident and in retrospect I believe I should have called for go around. A contributing factor was the high vol of traffic placed on the control tower and our previous holding and multiple 180 degree vectors prior to approach clearance indicating that the airspace was saturated. This may have been 1 reason the captain elected to land on a visually clear runway as opposed to an evasive go around into congested airspace.

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Original NASA ASRS Text

Title: FLT CREW OF LGT ACFT ON FINAL TO EWR UNABLE TO BREAK INTO THE FREQ TO OBTAIN LNDG CLRNC, ALTHOUGH CAPT HAD MICROPHONE READY FROM 1000' TO LNDG. LANDED WITHOUT CLRNC. TWR ACCUSED FLT AND CAPT REPLIED HE HAD USED CAPT EMERGENCY.

Narrative: ON AN ILS APCH INTO EWR TO RWY 9R AT APPROX 2000', THE TWR ASKED IF WE COULD REDUCE SPD BY 40 KTS ON THE APCH AND THE CAPT REPLIED WITH AN AFFIRMATIVE AND REDUCED ACCORDINGLY. AT 1000' WE HAD THE RWY IN SIGHT ALONG WITH THE ACFT ON ROLLOUT AND THE TWR FREQ BECAME INCREASINGLY CONGESTED WITH NO BREAKS. AT APPROX 500' ACFT ON RWY TURNED OFF AND WAS CLR. MEANWHILE THE CAPT WAS HOLDING THE MIC TO HIS MOUTH SINCE 1000' TRYING TO GAIN LNDG CLRNC. JUST ABOVE 100' I SAID, 'WE ARE NOT CLRED,' AND PROCEEDED TO CALL OUT THE LAST 50' IN 10' INCREMENTS OFF THE RADIO ALTIMETER AS INSTRUCTED. THE TWR FREQ WAS CLUTTERED THROUGH LNDG AND ROLLOUT. THE CAPT WAS UNABLE TO GET IN TO XMIT TILL WE CLRED THE RWY. HE THEN CHALLENGED THE TWR ON THE INCIDENT AND THEY DID NOT REALIZE WHAT HIS REALIZE WHAT HIS REMARK CONCERNED AS IF WE HAD BEEN CLRED TO LAND. AFTER A SHORT CONFRONTATION THE TWR DECLARED WE LANDED W/O A CLRNC AND THE CAPT REPLIED, 'AT CAPT'S EMER.' THERE WAS NO FURTHER INCIDENT AND IN RETROSPECT I BELIEVE I SHOULD HAVE CALLED FOR GAR. A CONTRIBUTING FACTOR WAS THE HIGH VOL OF TFC PLACED ON THE CTL TWR AND OUR PREVIOUS HOLDING AND MULTIPLE 180 DEG VECTORS PRIOR TO APCH CLRNC INDICATING THAT THE AIRSPACE WAS SATURATED. THIS MAY HAVE BEEN 1 REASON THE CAPT ELECTED TO LAND ON A VISUALLY CLR RWY AS OPPOSED TO AN EVASIVE GAR INTO CONGESTED AIRSPACE.

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.