Learjet 40
Flight Crew Air Transport Pilot (ATP); Flight Crew Instrument; Flight Crew Multiengine
Communication Breakdown; Situational Awareness; Time Pressure
ATC Issue All Types; Conflict Ground Conflict; Critical; Deviation / Discrepancy - Procedural Published Material / Policy; Ground Incursion Runway
Flight Crew Overcame Equipment Problem; Flight Crew Took Evasive Action; Flight Crew Returned To Clearance
Human Factors
While operating a part 135 trip from ZZZZ to ZZZ1 we experienced a runway incursion while departing on runway 14. The possible incursion happened at intersection Lima and runway 14 which is approximately 9000 ft. from the start of the runway. I am also confident that the other aircraft was a Medium Transport. At the time; the ground and tower controllers were operating on separate frequencies by two different people. Once holding short; we advised tower that we were ready for departure to which he responded for us to line up and wait as he had landing traffic a few miles out on runway 10. A few moments later; he cleared us for an immediate departure to which we thought he was trying to get us out before the traffic inbound for 10 landed. From our position on the runway; we could not see that landing traffic and could only go off what he told us earlier. As pilot monitoring; I completed the before takeoff checks and the pilot flying released the brakes and started to advance the throttles. As we rolled down the runway; I made the call of 'airspeed alive both sides;' and at that moment I could see in my peripherals that an aircraft far down the runway was approaching a hold short at intersection Lima. I called out to the PF (Pilot Flying) that there was an aircraft nearing the runway at a rather quick speed on the right side and keep an eye on him if possible. As we passed 80 kts and were quickly approaching V1 the aircraft began crossing the runway I called for an abort. It is hard to recall how long I waited for a response from the PF; but it had to have been about a half a second to a second and at that point I looked down again and we were passed V1. I called 'V1; rotate' and we took off and started the climbout. When we passed the aircraft that crossed; we were a hundred feet or so in the air and they were turning on to taxiway hotel. We climbed out as usual and once above 10;000 ft. the PF engaged the autopilot; and we began talking about the situation. My first question was if he heard me call the abort; to which he replied that he did. He then told me as he was processing everything; he made the decision that a high-speed abort would have been more dangerous as we were just about to rotate; and the incursion aircraft was still almost a mile down the runway from us. We had switched to Center at that point already and I took the second radio to call back Approach and let them know what happened. I informed the controller that we had a possible runway incursion; and that the Medium Transport was just finishing crossing the runway as we had taken off. They said the supervisor was following up with the situation; had no further questions and appreciated the report. When thinking back to the situation we were guessing that the tower controller wanted to get us out before the landing traffic on runway 10 while at the same time the ground controller wanted to get the Medium Transport across the runway before we took off. Due to runway crossing clearances being given on the ground frequency; we have no idea that was happening while we were given our takeoff clearance while on tower. Finally; we talked about the importance of when a decision is made; to verbalize it so that we remain an effective crew. When one pilot makes a decision without informing the other of that decision; especially at high speeds during takeoff; it is imperative that everyone is on the same page. We continued our way to ZZZ1 with no additional issues.The whole situation is complex and looking back it is hard to think of things we could have done differently. Due to operating procedures at the airport; we had no way of expecting that aircraft to cross in front of us down the runway as we executed out expedited departure. It is most important to maintain proper crew coordination and CRM through communication to remain a safe and efficient flight crew.
LR-40 Captain reported a critical Ground conflict during takeoff roll with a runway incursion aircraft at far end of departure runway.