Aircraft departs knowing DEST will be closed

[Biket]

Gentlemen, Ladies,


I had no luck so far with flight planning documentation regarding my question.

A commercial, scheduled aircraft is due to depart, during the night, to a destination covered by ash cloud. This is the second sector of the day, a return to the originating airfield.

There is currently a NOTAM stating that the airport is closed at the ETA. The skipper waits until the adjusted ETA is now one hour after the NOTAM's end.

The NOTAM will be amended and will be extended. The information comes first via ground freq, the delivery repeats it. Actually, the situation is already well known before the initial departure since the ASHTAM pictured it clearly.

The decision is taken to depart, knowing very well the situation. During the flight, the controller confirms the NOTAM has been extended, and asks about the ALTN.

The aircraft is rerouted 300nm before the destination, to the first ALTN.


My question would be: was this legal?

I will provide further information if needed, thanks for your insight.

bikey

[FlyingStone]

As long as you have enough fuel, why not?

Just as it's legal to depart to destination either with weather well below minima or even without any current or forecasted weather.

[Biket]

As long as you have enough fuel, why not?

Just as it's legal to depart to destination either with weather well below minima or even without any current or forecasted weather.

Thank you FlyingStone.

The term "closed" made little to no sense to me. It sounded like a scam to save alternate fuel. (if the alternate was the "true" destination)

It's true, after all, if you have an alternate with all the requirements then ... why not?

[despegue]

Completely legal.

As long as you have 2 suitable alternates, where the weather is forecast to be above alternate minimums when you arrive ( 2 h. Before and after, depending on the reg.)