Originally Posted by
chevvron
ATC CANNOT WITHOLD A CLEARANCE FOR OTHER THAN TRAFFIC REASONS was drummed into us on my ADC course some 45 years ago.
Has this rule been changed?
At an ATC airfield, it is the captain's decision to depart outside his CTOT; if there is no 'local' traffic to conflict, ATC cannot withhold takeoff clearance but they can advise him he is outside his CTOT and that he will be reported.
AFIS and A/G can only advise him he is outside his CTOT and report the occurence.
I've got direct experience of this. Aircraft inbound to Farnborough from Crete, but his CTOT meant he would be unable to land at Farnborough before closing time (10pm - no flexibility or discretion allowed except in emergency)
Waited for his CTOT and then sent a 'request dep' message.
Message came back he had departed on his CTOT, so I discussed it with the FBO and we decided to close the airfield at 0915 (which ATC are allowed to do after consulting the FBO if there is no traffic scheduled).
Next day I went in to work to discover that Iraklion had disregarded his CTOT and allowed him to depart on his original filed EOBT (over an hour prior to his CTOT) so he would have got to us just before closing
Brussels, instead of checking if he was airborne, had quoted us his CTOT as a 'live' departure time but we didn't realise it was Brussels replying to the request; Iraklion never did reply.
Basically, such a transgression would go into the monthly report that is made available to all users of that airport and peer industry pressure will bring that recalcitrant operator back in line. That and everyone being p**sed off with the pilot at the time.