Taking off from a closed airport
#1
New Hire
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Joined APC: Oct 2009
Position: BE 400A
Posts: 6
Taking off from a closed airport
I was wondering if anyone knows of, or what the regs say about taking off from or landing at a closed airport. Im under the impression that if you do its at your own risk. Can anyone add to this
#5
If it was closed due to a TFR or an FDC NOTAM it would clearly be an FAR violation.
If it was closed by the local operating authority, that might be a grey area if conditions are otherwise legal (ie part 91 zero/zero). I don't recall the regs addressing specifically who has the authority to close an airport. Obviously if it is an active class D or better airport tower ATC has the authority to deny TO clearance.
If it is uncontrolled, you might just be able to TO and only be in violation of the town ordinances governing the airport. But if anything bad happened, the FAA would nail you for at least 91.13. They might hit you with 91.13 regardless.
I wouldn't do it.
If it was closed by the local operating authority, that might be a grey area if conditions are otherwise legal (ie part 91 zero/zero). I don't recall the regs addressing specifically who has the authority to close an airport. Obviously if it is an active class D or better airport tower ATC has the authority to deny TO clearance.
If it is uncontrolled, you might just be able to TO and only be in violation of the town ordinances governing the airport. But if anything bad happened, the FAA would nail you for at least 91.13. They might hit you with 91.13 regardless.
I wouldn't do it.
#7
Line Holder
Joined APC: Jul 2008
Posts: 50
In that case just make a low pass before you land to make sure there is no equipment on or near the runway. If all the trucks are clear and the runway is otherwise safe, then go for it. Obviously the notam doesn't get removed from the system the minute the snow is cleared. You can only violate 91.13 if you actually do something unsafe. Landing on a clear runway is not a violation of 91.13.
#10
Gets Weekends Off
Joined APC: Nov 2008
Posts: 826
I don't know the answer either but if the local operating authority that "owns" the airport closes it, you are probably at least trespassing, which could conceivably lead to criminal charges.
But that would depend more on the state and local laws that govern the ownership of the airport property. There was an interesting article on the subject of landing at closed airports in IFR magazine a few months ago. Gave all the reasons you could anyway, subject to doing it at your own risk - both physical and legal.
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