Quote one piece of CARs forsaking all others, like setting out in a commercial aircraft to only be able to land at an aerodrome with a known curfew with no suitable alternate... Yeah that will fly
It might be something you would do on your last day before retirement to make a point, but do you really think it would be as simple as that.
Starts with P,
Basically YES.
An ATC guy from Sydney once told me that an Ansett A320 held North of Sydney whilst debris was being removed from runway 16R approaching curfew time.
Only runway 16L was available for arrival & departure, therefore reducing airport operating capacity.
By the time curfew had commenced and the amount of aircraft holding, aircraft with sufficient fuel diverted to BNE, MEL & CBR. Which you would expect if they had the fuel & reserves available & the PIC determined those airports as suitable for the operation.
The A320 in question holding to the North elected to go to Williamstown.
The aircraft was unsuccesful in becomming visual at Willy, declared a fuel emergency & diverted back to Sydney & still landed after curfew but with alot less fuel.
CAR's & Curfew acts do not cover all possible circumstances!
In the case above the aircraft DID depart Brisbane with sufficient reserves to fly to an airport with a known curfew & no associated significant weather problems.
However, circumstances arose where decisions had to be made.
I would rather land post curfew at Sydney where the weather was ok & then provide the reasons why I chose not to divert to Williamstown later. Providing detail such as unfamiliarity with the airport, poor weather, non controlled airport etc etc etc.
There are PROVISIONS in the curfew act that allow aircraft that have insufficient fuel to continue and land after curfew if no other suitable alternate airport is available.
You can not intentionally depart an aerodrome for Sydney with curfew issues without holding alternate fuel, however as highlighted above, sh&t happens at the worst possible times.
The pilot need not declare an emergency until such time as the fuel state would neccesitate the need to do so.
Having insufficient fuel to divert isnt a fuel emergency when there are provisions for you to land at Sydney post curfew.
The pilot in command shall be responsible for determining whether alternate airport X, Y or Z is suitable on the day.
MC
