Busted a NOTAM'd closed runway/airport

[Oops]

An older gentleman I've gotten acquainted with has generously offered me the use of his 150, for only the cost of fuel. About 2 weeks ago, on the spur of the moment, I decided to take it up for a warm-up session in preparation for an upcoming YE event.
Earlier that day, a takeoff had gone very badly, wrecking an airplane at that airport (thankfully, both on board survived, albeit with non-life-threatening injuries). I paid little attention to it (as by then all the people, emergency vehicles, etc. had cleared the area) and flew a short local flight, returning as planned.
A few days ago, I learned (from the owner) that there had been a NOTAM closing the sole runway during that afternoon and evening. Thanks to ADS-B (?) , the flight was tracked to the particular aircraft, and the owner.
Obviously, I failed to do a brief of the flight (otherwise, FF would have provided a notification).

2 questions:
a) Should I expect the FAA to come after me?
b) What do you recommend as a good android phone app for NOTAMs (not necessarily a free one)?

 

[JOhnH]

If it were me, I would have already filled out a NASA form.

 

[Ed Haywood]

Thanks to ADS-B (?) , the flight was tracked to the particular aircraft, and the owner.

This is why English teachers hate passive voice. Who did the tracking? How was the owner informed?

 

[M20K]

Do the NASA/ASRS form if you haven't. https://akama.arc.nasa.gov/asrs_ers/general.html

Odds are they closed the airport due to the accident. But if they had finished the investigation and you didn't impeed anything... or make an inspector run to get out of the way. There's a good chance you won't hear anything. But if they did see you and do want to make a point to keep up with the current status of the airport you're using, you may have some recurrent training in your future.

Hopefully you're a member of AOPA, EAA, etc., that can answer legal questions if they do. And don't talk to them (other than acknowledging their call) until you talk to someone in the know on these situations.

And unrelated to an accident, but I had a friend fly into and out of an airport that had a NOTAM for the Runway being closed. He was VERY diligent in his pre-flight briefings, so we have to assume it came up while he was in flight and missed it on his (years ago - earlier version) EFB. But he still did it. Never heard anything about it.

 

[Ed Haywood]

And unrelated to an accident, but I had a friend fly into and out of an airport that had a NOTAM for the Runway being closed. He was VERY diligent in his pre-flight briefings, so we have to assume it came up while he was in flight and missed it on his (years ago - earlier version) EFB. But he still did it. Never heard anything about it.

I think this is in the category of a tree falling in the forest. If it does not cause a problem or annoy the wrong person, maybe it never happened.

 

[mandm]

You can take off and land on a closed runway at your own risk. It all depends on the situation, if everything appeared ok then it should be ok. If it appeared to be careless, then that’s another story.

One time our airport NOTAMed a runway closed as we were doing spot landing contests, so ATC advised us that the runway was closed and that we were doing so at our risk for each take-off and landing. Of course this confused ATC’s normal operation lingo and ATC gave us clearance to take off or land a couple times, then mixed it with the advisory of at our own risk, etc.

Admitting to not checking the NOTAMs might be more of an issue than the taking off and landing on a closed runway.

 

[RussR]

You offer virtually no details of how it was "reported" and to whom. The FAA? The airport manager? That affects the likelihood of the "FAA coming after you".

You admit that you departed from a closed runway without checking NOTAMs. At its most basic level, and given only that information, on the face of it that seems pretty serious.

You should immediately file a NASA ASRS form. For "immunity" purposes, the program gives you 10 days after the event (which is passed), OR 10 days after which you became aware of the event (which was a few days ago). But even if you were outside of the time frame, there's no downside to filing, and shows a good attitude towards not having this happen again.

As a CFI, if you were one of my clients I would also say "let's meet for lunch, do some ground training on the NOTAM system, ways to find them, and how to improve your pre-flight briefing process". And we'll put that in your logbook. That way, when or if the FAA does come calling, you can tell them that the event caused you to recognize a shortcoming in your pre-flight planning, and you already sought out additional training on NOTAMS from your CFI, and here it is documented in your logbook. That certainly shows a good attitude in the spirit of the FAA's compliance program's philosophy, and should go a long way toward avoiding a violation.

 

[Daleandee]

As a CFI, if you were one of my clients I would also say "let's meet for lunch, do some ground training on the NOTAM system, ways to find them, and how to improve your pre-flight briefing process". And we'll put that in your logbook. That way, when or if the FAA does come calling, you can tell them that the event caused you to recognize a shortcoming in your pre-flight planning, and you already sought out additional training on NOTAMS from your CFI, and here it is documented in your logbook. That certainly shows a good attitude in the spirit of the FAA's compliance program's philosophy, and should go a long way toward avoiding a violation.

 

[midwestpa24]

In the OP's scenario this wouldn't have mattered since he was unaware of the NOTAM, but I always like to point this out when I hear people advising landing on a closed runway at their own risk.

The NOTAM system does not allow airports to put an explanation why a surface is closed, only that is it. I have seen and heard pilots say, looked fine to me and I didn't see any reason why it was closed, so I ignored the NOTAM and used it anyway.

The reason may not be obvious, especially from flying overheard. There could be cables strung across the runway, there could be a sinkhole developed under the pavement that hasn't given way yet (I've had this happen), could be a heat buckle that isn't immediately obvious, could be surveyors or engineers on foot that are difficult to spot, etc. Airports don't close runways for fun, there is usually a safety reason behind it. My advice to all pilots, please respect the closure NOTAMs.

Note, pilots that intentionally ignore NOTAMs, not the OP, fall into at least one or more of the FAA Hazardous Attitudes.

 

[midlifeflyer]

As a CFI, if you were one of my clients I would also say "let's meet for lunch, do some ground training on the NOTAM system, ways to find them, and how to improve your pre-flight briefing process". And we'll put that in your logbook. That way, when or if the FAA does come calling, you can tell them that the event caused you to recognize a shortcoming in your pre-flight planning, and you already sought out additional training on NOTAMS from your CFI, and here it is documented in your logbook. That certainly shows a good attitude in the spirit of the FAA's compliance program's philosophy, and should go a long way toward avoiding a violation.

Shhhhh. You are giving away my standard advice to clients for these types of minor deviations

 

[Dana]

How 'bout this? Google Earth showed white X's on the runway. No NOTAM, nothing in the csup about a closed runway. No answer on the airport phone. When I got there, the X's were still there. I landed elsewhere.

 

[Gilbert Buettner]

I always chuckle at that statement "at your own risk." Every takeoff and landing is at my own risk. Six years ago, I took off and landed on a runway that the airport manager told us later was closed. (Snowfall, plow truck did not start.) Never heard a word from the FAA. After I learned he'd closed the airport, I spoke with FSS who told me there were no airports closed in that area all day. Maybe he was just jerking my chain.

 

[Ed Haywood]

I always chuckle at that statement "at your own risk." Every takeoff and landing is at my own risk. Six years ago, I took off and landed on a runway that the airport manager told us later was closed. (Snowfall, plow truck did not start.) Never heard a word from the FAA. After I learned he'd closed the airport, I spoke with FSS who told me there were no airports closed in that area all day. Maybe he was just jerking my chain.

Maybe he just declared it closed.

 

[bonefishpete]

I don't think you can land on a closed runway at your own risk or any other excuse except in an emergency situation.
Where did that come from?

 

[Pinecone]

I don't think you can land on a closed runway at your own risk or any other excuse except in an emergency situation.
Where did that come from?

Please post the FAR that prohibits it.

 

[bonefishpete]

Please post the FAR that prohibits it.

Maybe this?
14 CFR Part 91.13 Careless or reckless operation states:

(a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless OR reckless manner so as to endanger the life or property of another.(emphasis is mine)

 

[Albany Tom]

It's funny timing. I drive by ALB twice a day, every weekday. Yesterday or day before I saw something I'd never seen before, and that's a truck at the end of the runway, daytime, with a big lighted 'X' on the back of it. Impossible to miss. Pretty cool setup, and an extra layer considering it's class C 24/7. They were working on lighting I think.

Anyway, for NOTAMs and TFRs for Android, I just login to the web thing and get a briefing for the flight without filing the plan. That gives me the NOTAMs, TFR's, and it doesn't take too long because you can save aircraft info and regularly flown plans. I just list airports I fly to frequently as alternates, so I get info on multiple at once. One less thing to worry about.

 

[Oops]

You offer virtually no details of how it was "reported" and to whom. The FAA? The airport manager? That affects the likelihood of the "FAA coming after you".

I believe it was the airport manager that pointed this out flight. She contacted the airplane owner.

 

[RussR]

I believe it was the airport manager that pointed this out flight. She contacted the airplane owner.

Doesn't change my answer.

 

[EdFred]

It's funny timing. I drive by ALB twice a day, every weekday. Yesterday or day before I saw something I'd never seen before, and that's a truck at the end of the runway, daytime, with a big lighted 'X' on the back of it. Impossible to miss. Pretty cool setup, and an extra layer considering it's class C 24/7. They were working on lighting I think.

Anyway, for NOTAMs and TFRs for Android, I just login to the web thing and get a briefing for the flight without filing the plan. That gives me the NOTAMs, TFR's, and it doesn't take too long because you can save aircraft info and regularly flown plans. I just list airports I fly to frequently as alternates, so I get info on multiple at once. One less thing to worry about.

GRR had the same thing on 35 yesterday, except I think it's just on a stand/trailer instead of on a truck.

 

[midwestpa24]

GRR had the same thing on 35 yesterday, except I think it's just on a stand/trailer instead of on a truck.

The lighted X's are pretty common. They are just a portable generator with the X attached. Very similar to the portable light masts found at construction sites.

 

[EdFred]

Looks about right. I was driving when I saw it, so didn't get a great view.

 

[M20K]

The lighted X's are pretty common. They are just a portable generator with the X attached.

I wonder if anyone has bothered to update the technology? With LED lighting you could have something as bright or brighter running off one of those little portable generators.

You could use the same trailer and put a big gas tank in it and probably only have to fill it once a year, if that!

 

[EdFred]

I wonder if anyone has bothered to update the technology? With LED lighting you could have something as bright or brighter running off one of those little portable generators.

You could use the same trailer and put a big gas tank in it and probably only have to fill it once a year, if that!

Cooling does become an issue with the really bright LED's. Was talking to one of my customers about that, and he said he could only light them up for a few minutes before a cooling system had to be installed due to the heat on the circuit boards.

 

[midwestpa24]

I wonder if anyone has bothered to update the technology? With LED lighting you could have something as bright or brighter running off one of those little portable generators.

You could use the same trailer and put a big gas tank in it and probably only have to fill it once a year, if that!

I've seen two options. One is use the existing setup but replace the bulbs. They are just standard Par38 floods. The other was a purpose built LED rig that just used a small 4 stroke motor to turn a 12v alternator.

 

[Pinecone]

Maybe this?
14 CFR Part 91.13 Careless or reckless operation states:

(a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless OR reckless manner so as to endanger the life or property of another.(emphasis is mine)

That covers everything. That is what they would hit you with if you hit a ditch on a closed runway.

But no specific reg that says you can't land on a closed runway. It is at your own risk.

 

[midwestpa24]

That covers everything. That is what they would hit you with if you hit a ditch on a closed runway.

But no specific reg that says you can't land on a closed runway. It is at your own risk.

That became the FAAs answer after a high ranking Senator landed on a closed runway occupied by construction workers. No one in the FAA was going to risk their cushy government jobs going after a Senator, so the precedent was set.

 

[Witmo]

Saw the aftermath of a 210 landing on a closed runway late at night. The runway in question was undergoing an extensive resurfacing. He had about 50 feet of paved surface upon touchdown before encountering a very, very soft surface. The aircraft continued onto the soft surface and sank to the top of the axles. The aircraft had about the shortest landing roll out ever without the gear failing. It was still sitting on the closed runway when I saw it the next day. Would have liked to see how they removed it from the runway but I had to leave.

 

[M20K]

Cooling does become an issue with the really bright LED's. Was talking to one of my customers about that, and he said he could only light them up for a few minutes before a cooling system had to be installed due to the heat on the circuit boards.

Well... Yes and no. There are a huge number of LED bulbs out there now days for all sorts of uses. My guess is you went to someone in the LED business they could easily find an oversized bulb that would have adequate brightness at a much lower current and therefore much less heat than it was rated for.

And I'd really be curious about the bulbs your customer was using and how long ago this was? I don't know of any LED bulbs that are rated to only operate for a few minutes. I remember that from a long time ago people were enclosing them when they did need to be exposed to adequate air flow. So maybe that's what they meant by having to install a cooling system. (And I'm no expert, but been around LED usage in a number of applications.)

 

[EdFred]

Well... Yes and no. There are a huge number of LED bulbs out there now days for all sorts of uses. My guess is you went to someone in the LED business they could easily find an oversized bulb that would have adequate brightness at a much lower current and therefore much less heat than it was rated for.

And I'd really be curious about the bulbs your customer was using and how long ago this was? I don't know of any LED bulbs that are rated to only operate for a few minutes. I remember that from a long time ago people were enclosing them when they did need to be exposed to adequate air flow. So maybe that's what they meant by having to install a cooling system. (And I'm no expert, but been around LED usage in a number of applications.)

These aren't your simple bulbs. This was a panel (somewhere in the size of 16 x 48 in maybe bigger, its been a few months since he stopped in) that will light up an area you can read a book by 3000 feet away. Obviously overkill for the runway X's, but depending how far you want it REALLY visible from, you could run into cooling isues.

 

[M20K]

This was a panel (somewhere in the size of 16 x 48 in maybe bigger, its been a few months since he stopped in) that will light up an area you can read a book by 3000 feet away.

I'd expect that kind of installation to already have cooling, possibly liquid cooling. Unless it was home built and again I'll go back to what I said about enclosing bulbs and reducing the designed cooling.

 

[EdFred]

I'd expect that kind of installation to already have cooling, possibly liquid cooling. Unless it was home built and again I'll go back to what I said about enclosing bulbs and reducing the designed cooling.

It's a business.

 

[Rick A]

Landed once at an uncontrolled airport after a few hour flight. The single runway was not short. It was having work done near the approach end, along with multiple vehicles, equipment, and workers on the runway. There was not any NOTAM seen during the pre-flight briefing. Don't recall if they had an X displayed, but I don't think so.

Upon my initial radio announcement on Unicom, received a response that explained runway work was occurring, and to please overfly that portion of the runway, then land long. As simple as that.

 

[Zeldman]

The local airport here has 1 runway, 6-24. A plane landed on 24 and a tire came from together, blocking the runway.

I needed to depart on a medivac flight, so I departed on runway 24R.

More than once 6L/24R was used when the runway was closed for some reason.

6L/24R was also known as Taxiway A.

 

[John Collins]

And unrelated to an accident, but I had a friend fly into and out of an airport that had a NOTAM for the Runway being closed. He was VERY diligent in his pre-flight briefings, so we have to assume it came up while he was in flight and missed it on his (years ago - earlier version) EFB. But he still did it. Never heard anything about it.

If the NOTAM was issued after the flight commenced, that is not a violation of 91.103.

 

[Sac Arrow]

Insurance adjuster: Can we move the aircraft?

Negligent pilot: The landing gear is encased in concrete.

 

[flyingron]

Years ago I was sitting in the Avionics shop reading some incident reports. The runway at CGS was NOTAM'd closed until 4PM. At 4:02 a Bonanza commenced a takeoff run, narrowly avoiding hitting the guy picking up the X off the end of the runway. No matter what the NOTAM says, the airport isn't open until the guy picking up th X gets off the runway.

 

[midwestpa24]

Years ago I was sitting in the Avionics shop reading some incident reports. The runway at CGS was NOTAM'd closed until 4PM. At 4:02 a Bonanza commenced a takeoff run, narrowly avoiding hitting the guy picking up the X off the end of the runway. No matter what the NOTAM says, the airport isn't open until the guy picking up th X gets off the runway.

The period when a runway is reopening is very dangerous indeed. I always preach it to my staff. We have a procedure to try to make it as safe as possible, but limbo period as things are being picked up requires maximum attention. We pick up the barricades and Xs in a sequence that saves the ones near the arrival end of the runway to last, and always ensure the NOTAM is the last thing to be cancelled.

 

[Albany Tom]

Slightly different context, but I remember reading that Dick Marcinko said that exfiltration was always the most dangerous part.

 

[DJTorrente]

Insurance adjuster: Can we move the aircraft?

Negligent pilot: The landing gear is encased in concrete.

My guess is that the long pole in that tent isn't recovery of the aircraft; its replacement/resurfacing of the runway. It might be cheaper to remove the plane with a backhoe if it means the concrete crew on site can effect surface repairs.