Today I was at a non towered airport and I just had landed, while I was beginning to turn off the runway, I saw a light sport behind me takeoff, while I was still on the runway. I was just starting my turn when I saw him fly over my back. Is this legal?
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2$\begingroup$ Hi Ben, welcome to aviation.stackexchange. Which country are you flying in? $\endgroup$– DeltaLima ♦Nov 26, 2022 at 22:39
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$\begingroup$ Did the plane leave the ground before reaching your position when he started his roll? $\endgroup$– DJClayworthNov 26, 2022 at 23:43
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1 Answer
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As noted by @randomhead in a comment below, in the U.S. at an airport with an operating control tower, a controller will not clear an aircraft for takeoff (see FAA JO 7110.65Z, para. 3-9-6b.) until a preceding landing aircraft is "clear of the runway" (See this term in the Pilot/Controller Glossary) .
However, with respect to a "Non-Towered" airport, I cannot find any specific U.S. Federal Aviation Regulation (FAR) that prohibits an aircraft taking off while another aircraft is still exiting the runway.
Nevertheless, 14 CFR Parts 91.13 (a) and/or 91.111 (a) might possibly apply:
91.13 Careless or reckless operation.
(a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.
91.111 Operating near other aircraft.
(a) No person may operate an aircraft so close to another aircraft as to create a collision hazard.
The applicability of these regulations would, in my opinion, be dependent upon a variety of factors such as:
- How close did the other aircraft actually come to your aircraft;
- How high was the other aircraft when it passed above you while you were still on the runway;
- Was there an actual collision hazard (see 14 CFR 91.111 (a)) above.
There may be other factors that can reasonably be considered when evaluating the applicability of 91.13 (a) and/or 91.111 (a).
Also, as a note, with respect to 91.13 (a), "actual" danger is not required, only "potential" danger.
Lastly, in my opinion, you would have to have a witness to attest to the circumstances within the context of the event to support the "danger" and/or "hazard" aspects of the regulations mentioned above.
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1$\begingroup$ Good answer; possible additional references are the Pilot/Controller Glossary term CLEAR OF THE RUNWAY and the 7110.65 3–9–6b. $\endgroup$ Nov 27, 2022 at 4:56