Two fine points of FAR interpretation

A friend of mine is curious:

1. If a runway is closed by NOTAM at a non-towered airport, does that
mean that the adjacent *taxiway* can't be used to legally take-off and
land? (I know the insurance company would have an opinion about this,
also, but let's ignore that aspect for the moment.)

2. We all know about the minimum fuel requirement for take-off. If
one were to land with less fuel in the tanks than the required reserve
(and without a good reason for using part of the reserve), can the FAA
violate you for negligence?

Please post in the groups (the email address I'm using here is
primarily a spam-trap) and, no, I'm not in trouble. :-)

-Dave Russell
8KCAB

"Dave Russell" wrote in message
m...
A friend of mine is curious:

1. If a runway is closed by NOTAM at a non-towered airport, does that
mean that the adjacent *taxiway* can't be used to legally take-off and
land? (I know the insurance company would have an opinion about this,
also, but let's ignore that aspect for the moment.)


Show me an FAR that requires you to use a runway for taking off and landing.


2. We all know about the minimum fuel requirement for take-off. If
one were to land with less fuel in the tanks than the required reserve
(and without a good reason for using part of the reserve), can the FAA
violate you for negligence?


If you are not allowed to use the reserve, what is it for? The reserve is in
case of unforseen delays. The FAA might do almost anything, of course, but
it is unlikely that they would violate you for negligence if you used part
of your reserve due to unforeseen delays.

(Dave Russell) wrote in
m:

A friend of mine is curious:

1. If a runway is closed by NOTAM at a non-towered airport, does that
mean that the adjacent *taxiway* can't be used to legally take-off and
land? (I know the insurance company would have an opinion about this,
also, but let's ignore that aspect for the moment.)

There is no specific requirement to land on a runway, but if something
happens, the FAA can get you for being careless and reckless.

Helicopters routinely land in front of their hangars. It is not even a
taxiway.


2. We all know about the minimum fuel requirement for take-off. If
one were to land with less fuel in the tanks than the required reserve
(and without a good reason for using part of the reserve), can the FAA
violate you for negligence?

The fuel reserve only applies for takeoff. However, this is a moot point
because the question of fuel reserves will only arise if there was a
fuel related accident. In such cases they can get you one way or the
other even if you departed with legal reserves. Again, the careless and
reckless is a catch-all reg that can be used.

"Dave Russell" wrote in message 1. If a runway is closed by NOTAM at a
non-towered airport, does that
mean that the adjacent *taxiway* can't be used to legally take-off and
land?

Helicopters do it routinely. The antiques land in the grass along-side the
runway routinely. Keep in mind that if you screw up, it will be much harder
to plead your case.

2. We all know about the minimum fuel requirement for take-off. If
one were to land with less fuel in the tanks than the required reserve
(and without a good reason for using part of the reserve), can the FAA
violate you for negligence?

NTSB case law has demonstrated that if you burned some reserves in spite of
doing proper fuel calculations during pre-flight planning, but otherwise
landed safely, you won't be convicted.

D.

Capt.Doug wrote:

NTSB case law has demonstrated that if you burned some reserves in spite of
doing proper fuel calculations during pre-flight planning, but otherwise
landed safely, you won't be convicted.

Is this a joke?

When does the NTSB get involved post-safe-landing?


Jack

"Jack" wrote in message
...
When does the NTSB get involved post-safe-landing?

They are the first line of appeal for any FAA enforcement action. The FAA
has been known to issue a violation against a pilot, even if the landing
itself was safe. Most pilots would appeal a negative outcome, so the NTSB
would get involved practically every time.

That's when.

Pete

On 18 Jul 2004 18:45:23 -0700, (Dave Russell) wrote:

A friend of mine is curious:

1. If a runway is closed by NOTAM at a non-towered airport, does that
mean that the adjacent *taxiway* can't be used to legally take-off and
land? (I know the insurance company would have an opinion about this,
also, but let's ignore that aspect for the moment.)


The FAA has little to do with where you take off and land, so long as you
are not in violation of "careless and reckless". The owner of the airport
would be a better entity to ask. At Nashua (which is towered) when the
runway was closed for reconstruction, use of the adjacent grass was
frequent and "at your own risk". Use of the taxiway would have been
"careless and reckless" due to taxiing aircraft.

At EPM, the taxiway is occasionally used by some during strong crosswind
conditions.


Ron (EPM) (N5843Q, Mooney M20E) (CP, ASEL, ASES, IA)

when ASH was non towered.. the use of the old grass strip to the east of the
runway was a normal occurrence.. and even more so when the runway was closed
for resurfacing.. and then the heavy twins would use the taxiway.. with lots
of radio calls... but way back then.. there was nothing north of the ASH
tower.. NOTHING but the taxi way to the north end..

BT

"Ron Rosenfeld" wrote in message
...
On 18 Jul 2004 18:45:23 -0700, (Dave Russell) wrote:

A friend of mine is curious:

1. If a runway is closed by NOTAM at a non-towered airport, does that
mean that the adjacent *taxiway* can't be used to legally take-off and
land? (I know the insurance company would have an opinion about this,
also, but let's ignore that aspect for the moment.)


The FAA has little to do with where you take off and land, so long as you
are not in violation of "careless and reckless". The owner of the airport
would be a better entity to ask. At Nashua (which is towered) when the
runway was closed for reconstruction, use of the adjacent grass was
frequent and "at your own risk". Use of the taxiway would have been
"careless and reckless" due to taxiing aircraft.

At EPM, the taxiway is occasionally used by some during strong crosswind
conditions.


Ron (EPM) (N5843Q, Mooney M20E) (CP, ASEL, ASES, IA)

On Sun, 18 Jul 2004 23:10:54 -0700, "BTIZ"
wrote:

when ASH was non towered.. the use of the old grass strip to the east of the
runway was a normal occurrence.. and even more so when the runway was closed
for resurfacing.. and then the heavy twins would use the taxiway.. with lots
of radio calls... but way back then.. there was nothing north of the ASH
tower.. NOTHING but the taxi way to the north end..

That resurfacing must have taken place prior to '76.

But even now, the grass on the NE side of the runway still gets used from
time to time. But they don't keep it up they way they used to.


Ron (EPM) (N5843Q, Mooney M20E) (CP, ASEL, ASES, IA)

yes... actually that resurfacing would have been about that time..

I left ASH in 1982 and the new tower was not open then..
I was at NEAI/DWC from 1974-1977, earned my Private ASEL through NEAI in
1974

BT


"Ron Rosenfeld" wrote in message
...
On Sun, 18 Jul 2004 23:10:54 -0700, "BTIZ"
wrote:

when ASH was non towered.. the use of the old grass strip to the east of
the
runway was a normal occurrence.. and even more so when the runway was
closed
for resurfacing.. and then the heavy twins would use the taxiway.. with
lots
of radio calls... but way back then.. there was nothing north of the ASH
tower.. NOTHING but the taxi way to the north end..

That resurfacing must have taken place prior to '76.

But even now, the grass on the NE side of the runway still gets used from
time to time. But they don't keep it up they way they used to.


Ron (EPM) (N5843Q, Mooney M20E) (CP, ASEL, ASES, IA)