I apologise if this is in the wrong forum but please bear with me. I have been asked for advice and I am not qualified to comment so pose the questions here. Aircraft weather bound at a grass airfield which CFI has said is closed but check tomorrow. Licenced airfield with a/g radio only not notamed as closed. CFI not now contactable. A/G mostly unmanned and calls mostly unanswered. So the question was can the aircraft owner go and fly her aircraft out with no legal issues assuming she is satisfied it is safe so to do?
Many thanks
FF
Can't see why this should be the wrong forum.
My understanding (UK, and assuming Customs etc not applicable) is that you can land anywhere, with the landowner's permission.
Departing is even less of an issue.
There have been certain not uncommon scenarios where a certain GA airfield (not the one mentioned below) looked like it was going bust. I asked an aviation barrister for his view on the legality of flying out of there, without ATC clearance, if necessary in the middle of the night, should it go bust.
His reply was that there was very little I could be prosecuted for if I did it out of ATC working hours, but I might get done by the CAA under the "reckless" clause if I did it at night and there were no runway lights.
This kind of thing is very relevant because e.g. a while ago Manston went bust and if I recall correctly a load of planes were stuck there for a number of weeks. In that scenario, I would have waited for everybody in charge to end their shift and then took off.
There is however ample predecent in UK GA that one would be banned from landing at that airport again afterwards, so this is something to weigh up. Waiting for a few more days might be preferred.
In your case, no notam means you have done the required preflight due diligence and it's down to the landowner. If he's not around, and you do it in the published opening hours (if any are published) what can be the issue?
I am not a lawyer so my personal opinion is worth absolutely nothing 
which_ CFI_ has said is closed >
Chief Flying Instructor? Is aircraft your own? You are not a student? Who is responsible for the airfield? Who is responsible for the safety/security of your aircraft while it is there? Who operates the airfield?
I am not a lawyer so my personal opinion is worth absolutely nothing
What makes you think lawyer's opinions are worth anything? ;-)
As Peter says, I don't think there are too many legal issues here. For me it'd be more about not wanting to fall out with people unless I can't avoid it. Do you really need to move that aircraft right now? When is this person likely to be contactable again? Will you have much cause to go back to that place?
Those are the questions I'd be asking. Not questions about legalities.
Maoraigh - I take your point about why is an instructor's permission needed. Of course, their status as an instructor (and especially as the CFI, which is just a job title) is irrelevant. However, the situation at most small UK airfields operated by a single flying club/training school is that the CFI generally makes operational decisions such as closing due weather or airfield condition.
Well the situation is the aircraft had to be left there because the huge amount of rain made the runways temporarily unusable. The reason for the urgency to recover is because this airfield has a constant problem with fuel thefts and vandalism. The club concerned will accept no liability whatsoever for any such thefts or damage and in fact the club has been known to say "well when they have emptied your tanks they cannot steal anymore." I will not name the the place because what I have been told is of course second hand but I have also suffered fuel loss at this place when left overnight whilst on business in local city. So I will accompany my friend and let her decide if the runway is safe to use and wave them goodbye. BTW these fuel thefts have apparently been occurring for some years I am now told!!!! I think it is safe to say neither my friend nor myself wil ever go near the plac again so a "ban" is irrelevant.
You should name the place.
Fuel theft is extremely hazardous because it eats into the standard method of accurate fuel management which is the presumption of a relatively known quantity in the tanks, together with a fuel totaliser (very accurate) and a pre-flight visual check (which will never be very accurate).
I take your point Peter and I will do so as soon as the aircraft has been recovered. In the meantime hope for drying weather please!
That's good
FWIW I hate flying from wet grass because not only the takeoff roll is MUCH longer (even if you do the "soft field" procedure) but also the whole plane gets covered with muck.
I forgot to say that many people do flights with fuel below the visually inspectable level, especially on larger aircraft types which are used for rental or charter. You can guess what I think of that practice but it is often done at the insistence of the owner (the school, usually) because if you return say a Seneca will full tanks, and 5 average size people turn up to go somewhere the next day, they have to be turned down... google G-OMAR for an extreme example.
Those people are totally vulnerable to fuel theft.
FWIW I hate flying from wet grass because not only the takeoff roll is MUCH longer (even if you do the "soft field" procedure) but also the whole plane gets covered with muck.
Bucket and water, brush and sponges are indispensable items in my luggage department at present and go into action immediately after landing. Much easier to remove mud before it dries. Looking on the bright side: it provides vigorous fresh air exercise. :-)
Bucket and water, brush and sponges are indispensable items in my luggage department
You take WATER with you?? 8-)
