Date: 201912
Local time of day: 0601-1200
Location: EWR.Airport, NJ
Flight conditions: VMC
Aircraft: Any Unknown or Unlisted Aircraft Manufacturer
Flight plan: IFR
Flight phase: Final Approach
Airspace: Class B N90
ATC / advisory: Tower EWR
Reporter function: Relief Pilot; First Officer; Pilot Flying
Second reporter function: Pilot Not Flying; Captain
Anomaly: ATC Issue All Types; Deviation / Discrepancy - Procedural Landing Without Clearance
Detector: Person Flight Crew
When detected: In-flight
Result: Flight Crew Landed As Precaution
Contributing factors: Human Factors; Procedure
Primary problem: Ambiguous

Narrative: After ATC handoff to EWR tower during approach to runway 22L; the Captain PM (Pilot Monitoring); was unable to get any reply (after 2-3 check-in transmissions) from the tower controller; who seemed highly preoccupied with conversations/clearances to aircraft on the ground taxiways. At the 1000 AFE (Above Field Elevation); both PM and PF (Pilot Flying) verified 'no landing clearance' and; at approximately 500 AFE 'runway is clear. 'Thereafter; it was my expectation that we would either get a late landing clearance during a break in the Tower COMMs; or that we would execute a go-around from a safe in-close altitude. Nonetheless; I continually scanned the runway and adjacent taxiways (as well as monitoring the Tower frequency for possible runway conflicts; all of which presented no apparent hazards. No break in the Tower COMMs with other aircraft (all/most of which were on the ground) occurred. At approximately 150-200 AGL on a perfectly stabilized approach; I verbalized 'We don't have a landing clearance' to my fellow pilots. The Captain then directed the PF to land the aircraft. While this surprised me; it was clear that the runway and adjacent taxiways were clear; and that a forced 'Go around' from my seat could prove hazardous; considering our very low altitude ~100 AFE; and any delay/confusion from the contradictory messages. Of secondary concern was the additional COMM load and confusion we would create on the already jammed Tower frequency by executing what would likely be a very surprising go-around; back into his airspace. Landing; taxi to the gate; and all subsequent ATC communications were uneventful. After engine shutdown and completion of the Parking Checklist; we pilots discussed the events in detail. This conversation made clear that each of us was monitoring many considerations all the way down the approach; constantly evaluating the safest COMM and maneuvering options. Each of us did what we felt was safest; moment to evolving moment; and also would have changed certain choices considering how the event played out. In retrospect; I regret that we landed without a clearance. We had plenty of fuel and clear skies; a crew-coordinated go-around from a safe altitude (above ~ 150-200 AGL) perhaps would have been the better option. Every second of any pilot talking (especially me; the IRO) created another possible missed radio call; of course; but I likely could have better addressed the creeping threat by asking early - perhaps approaching 500 AGL - 'Are we prepared to go missed?' If a directed go-around later became necessary; at least it would come as less of a startling or confusion-inducing surprise.


Second narrative: Switched to Newark Tower frequency 118.3 outside BUZZD ILS 22L fix. Tower communications were very busy with numerous air carrier and helicopter arrival; departure and taxiing traffic. Our initial calls to tower went unanswered. Since it is not unusual for ATC to respond to other traffic first before responding to unanswered callers; I fully anticipated Tower to get back to us with clearance to land. That never happened. Conditions were clear with calm winds allowing me to observe the entire runway area. I had preceding traffic in sight and observed them exit 22L via a high-speed turnoff. While I was waiting for a break on Tower frequency to call again for landing clearance; Tower issued a long stream of clearances to ground traffic: A lineup 22R clearance and then multiple cross 22R clearances to aircraft that had landed 22L prior to us that were holding short of 22R. Tower then gave repeated clearances to another air carrier to cross Runway 11 at S. All these required read backs and some repeats. This occurred as we were getting closer and closer without landing clearance. Once I realized we would not get a word in before touching down; I told the pilot flying to continue and land. I have spent a lot of time thinking about this event since it happened yesterday. Directing the pilot flying to land without clearance was a difficult decision I did not make lightly. Weighing multiple factors; I decided landing was the safest course of action. We had been sequenced to follow traffic with normal spacing. We switched to tower frequency and checked in but went unanswered. As we continued inbound; frequency congestion resulted in no landing clearance. In my opinion; all along the Tower intended for us to land but was saturated with other traffic and simply remained unaware that landing clearance had not been issued. I do not believe clearance was intentionally withheld or delayed due to separation or conflict. I honestly believe lack of clearance was an oversight due to task saturation. Unlike an unstable approach scenario that should result in a go around; our approach was stable. Further; I sometimes observe helicopter traffic overhead making their approach to EWR. Sometimes that traffic is pointed out and sometimes it is not. Had we discontinued our approach and gone around; the potential loss of separation with either 22R departure traffic or overhead helicopter traffic combined with Tower frequency congestion were rapid considerations that made me decide that continuing to land on the clear; available and intended 22L was the better; safer course. It was never my intention to land without clearance. Yesterday; I felt doing so was the safest course to follow. All of these considerations happened in a short; stressed time.


Synopsis: Flight crew reported the inability to obtain landing clearance at Newark due to frequency congestion; ultimately resulted in a landing without clearance after visually clearing the runway.