This is an excerpt from a report made to the Aviation Safety Reporting System. The narrative is written by the pilot, rather than FAA or NTSB officials. To maintain anonymity, many details, such as aircraft model or airport, are often scrubbed from the reports.
I was with a student in a DA20-A1 Katana holding short of the runway. My student broadcast on CTAF that we were departing with a departure to the northeast. By the time that we had advanced the throttle to full, the plane behind us, a Cessna 172, decided they were going to takeoff as well.
This is a clear runway incursion. We were still on the runway. This left us with no room to go if we had to abort the takeoff (we would have gotten hit by them), and had no where to turn except straight out due to four other planes in the pattern.
I tried to ask the C172 if they saw us, and what their intentions were, but my radio calls were ignored by them. They then said that they were turning left crosswind so I know their radio was working.
Another plane in the pattern also stated that this aircraft had done the same thing to them, pulled out onto the runway while they were on final.
I have witnessed this plane a few times at the airport in the past week causing runway incursions by lining up and waiting (which is only a ATC instruction). This probably was caused by the C172 wanting to get out and not having to wait for a safe gap to takeoff.
Just by them holding short and waiting for the runway to be clear would have avoided this situation.
Primary Problem: Human Factors
ACN: 2253232
When you click on the link it will take you to the ASRS Online Database. Click on Report Number and put the ACN in the search box, then click Search. On that page, click on “view only the 1 most recent report.”
I love these scenarios: Lemme put on my “hangar lawyer” hat (real lawyers will forgive me for my improper legal lexicon).
Did the 172 pilot do anything ‘illegal’, i.e., in violation of 14 CFR Part 91, or just dumb things counter to recommendations found in the AIM, AFH, PHAK, AC 90-66C Non-Towered Airport Flight Operations, etc. (ASRS text in “quotation” marks):
“By the time that we had advanced the throttle to full, the plane behind us (C172) decided they were going to takeoff as well. We were still on the runway while we were accelerating. This is a clear runway incursion.”
Not unless it meets the FAA definition of a Category A thru D “runway incursion”. This one does not; the C172 was “behind us”. Maybe a Cat B, if there was “significant potential for collision”, but this ASRS write-up doesn’t support that.
“This left us with no room to go if we had to abort the takeoff (we would have gotten hit by them) and had nowhere to turn except straight out due to four other planes in the pattern.”
Pure speculation; unless it’s proven that their legal “straight out” departure was a defensive maneuver to avoid a mid-air, caused by the C172 violating an FAR. More to follow…
“I tried to ask the C172 if they saw us, and what their intentions were, but my radio calls were ignored by them. They then said that they were turning left crosswind for runway XX so I know their radio was working.”
Radio calls aren’t required and unless the airport has a right-hand pattern, the C172’s left turn was legal.
“Another plane in the pattern also stated that this aircraft had done the same thing to them, or pulled out onto the runway while they were on final.”
Purely anecdotal: How far out “on final” were they? Did they have to go-around or take evasive action?
“I have witnessed this plane a few times at ZZZ in the past week causing runway incursions by lining up and waiting (which is only a ATC instruction).”
Practicing “line up and wait” at a non-towered airport may be dumb, but not illegal. Again, I question the DA20 CFI’s definition of “runway incursion”.
“This probably was caused by the C172 being wanting to get out and not have to wait for a safe gap to takeoff.”
Pure speculation; however, it is pretty obvious the C172 did want to get out. What defines a “safe gap” for a C172?
“Just by them holding short and waiting for the runway to be clear would have avoided this situation.”
There’s no FAR requirement for the runway to be “clear” before you start your takeoff roll.
What other FARs may have been a player:
91.13 Careless or Reckless Operation: Pretty tough to prove the C172 “endangered the life or property of another”. Now, if they had taken off opposite direction of the traffic flow…
91.111 Operating Near other Aircraft: The DA20 CFI claims a “Horizontal Miss Distance” of 1,500 feet, and a “Vertical Miss Distance” of 200 feet. Is that “so close” to the 172 that it created a collision hazard?
91.113 Right-of-Way Rules: Did the C172 overtake and/or pass the DA20 on the wrong side? No.
Bottom line: Did the C172 do anything illegal? Maybe, but this ASRS write-up has too many holes in it to remove all reasonable doubt.
Probably frustrated with traffic staying in the pattern repetitions and trying to fit in safely.
Reckless disregard for the safety of others and common sense!
My initial thought was that the 172 Pilot was a student who was fed up with watching the Hobbs meter tick on, while he/she waits for a takeoff slot to open up. After watching fellow auto drivers blatantly blowing through red lights it doesn’t surprise me that student pilots might make irrational decisions too. Especially now that student pilot startups are so prevalent. We can only hope that the new pilots will adopt more professional practices and procedures as the y continue with their training.
Contact the owner of the airplane, the airport manager, and/or the FSDO.
Put that impatient pilot in cuffs and charge him with reckless endangerment and careless disregard of tower instructions. The lift his license for 10 years. Probably on drugs or a drug runner.
/J
Sounds like the pilot needs a talking to from the airport managment. Comply or get removed.
Still waiting for an FAR reference or AIM reference that says at an uncontrolled field, one cannot line up behind a departing aircraft in order to “move things along” in a crowded traffic pattern.
If anyone has a reference, not a CFIs opinion, but a reference written by the FAA, please note it here.
Thanks!
At a non-tower airport there is no separation reg., but 91.13 could be imposed, ‘careless and reckless.
At a towered airport, Air Traffic Control Procedures Manual (3-10-3) applies, which is 3,000 ft for cat 1 aircraft, light, single engine aircraft.