legal to takeoff from closed airport

[Flibmeister]

The reality is that controllers cannot waive FARs except in a very few, narrowly defined situations.

True, and those situations are usually easily discerned by the way the reg is worded. Unfortunately, most controllers don't read regs, so they may not know the difference. Good examples are found in parts a and b of:

§ 91.117 Aircraft speed.

"(a) Unless otherwise authorized by the Administrator, no person may operate an aircraft below 10,000 feet MSL at an indicated airspeed of more than 250 knots (288 mph)."

is clearly different than,

"(b) Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C or Class D airspace area at an indicated airspeed of more than 200 knots (230 mph)."


If the intent was for controllers to have the authority to waive the speed limit in (a), it would have been worded as it is in (b).

 

[avbug]

That may be true, but so long as there are checks in my check book, I still have money to burn!

Or so the logic goes.

 

[A Squared]

True, and those situations are usually easily discerned by the way the reg is worded. Unfortunately, most controllers don't read regs, so they may not know the difference. Good examples are found in parts a and b of:

§ 91.117 Aircraft speed.

"(a) Unless otherwise authorized by the Administrator, no person may operate an aircraft below 10,000 feet MSL at an indicated airspeed of more than 250 knots (288 mph)."

is clearly different than,

"(b) Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C or Class D airspace area at an indicated airspeed of more than 200 knots (230 mph)."


If the intent was for controllers to have the authority to waive the speed limit in (a), it would have been worded as it is in (b).

Yep, and as I recall those were exactly the regs that this controller was spouting off about. His position was he *IS* the administrator and he could clear you to go whaterver speed, whenever he liked and it was perfectly legal.

 

[A Squared]

"H. FAA Responsibilities. When a report of, or a complaint about, an aircraft operating on a closed runway or other airport surface is received, the inspector should make a record of the complaint in detail. (Refer to volume 2, chapter 181.)
(1) The inspector should record as many specific details as possible in order to determine if a hazardous operation took place.
(2) The follow-up investigation should be conducted with an emphasis on the competency of the airman involved (e.g., recognition of hazardous situations, awareness of conditions affecting the operation, and ability to obtain information necessary for conduct of safe operations). If necessary, the inspector should begin an enforcement investigation. (Refer to volume 2, chapter 182.)
(3) During routine contact with airmen (participation in safety seminars, pilot counselling, flight instructor seminars, discussions with pilot schools, etc.), inspectors should disseminate this information and offer appropriate cautions, while emphasizing that the safety of any flight is ultimately the responsibility of the PIC."

Good find. I think that makes it pretty clear, it is not illegal, but if it is done in a hazardous manner, it *would* be illegal....just like *anything* done (in aviation) in a hazardous manner is illegal

 

[FN FAL]

...At one field, where the runway was closed for repaving, we operated skydive and fire operations off the taxiway. It was narrower, but longer, than the remaining runway. Did the FAA care? No. Was there any regulation to prevent it? No. Was it careless? No. Was it reckless? No. Was it safe? Yes.

This summer a tower moved men, equipment, and obstacles for me after I identified my intended landing runway as one that was closed....

The airport I go to daily closes one runway for the entire winter because they don't want to plow it for one reason or another. However, after it was notamed closed for the season a few years ago, I needed that runway because the winds wouldn't allow me to land on the open runway. County offered up the closed runway because it hadn't snowed yet that season...which I thought was mighty nice. They don't put "X"s on the runway numbers, they just let the snow cover it until spring.

 

[smellthejeta]

I think I remember that... Must be FXE right?

Wrong coast...