Small aircraft pilot questions procedures within arsa when primary airport control tower is closed.

Attributes
ACN	147324
Time
Date	199006
Day	Sun
Local Time Of Day	0001 To 0600
Place
Locale Reference	airport : sjc
State Reference	CA
Altitude	msl bound lower : 0 msl bound upper : 2500
Environment
Flight Conditions	VMC
Light	Dawn
Aircraft 1
Operator	general aviation : personal
Make Model Name	Small Aircraft, High Wing, 1 Eng, Fixed Gear
Flight Phase	climbout : intermediate altitude climbout : initial
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private
Experience	flight time last 90 days : 24 flight time total : 4500 flight time type : 24
ASRS Report	147324
Events
Anomaly	non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

My aircraft is based at sjc. Tower is OTS between 2400 and 0600 local. At XX30 I made a departure from runway 29, VFR, via direct merced, ca. WX was cavu. At 500' I turned right, heading 77 degrees magnetic and climbed on course, I made no radio calls, but monitored bay approach for the first 5 mins--0 activity. I later received the latest issue of an aviation publication, and what do I see on the front page but a later breaking bulletin to the effect that the rules governing flight in an arsa have been changed, and as of 5/xx/90 it will be illegal to depart an arsa west/O contacting the agency controling that airspace. Tower closed, that would be bay approach, right? This regulation could lead to a ridiculous situation where you could have a light plane with rudimentary radio, unable to contact bay after takeoff. The safest procedure would be to turn 90 degrees to the runway heading after reaching 500' and depart the arsa as expeditiously as possible. But to stay legal, he now stays within the arsa, and with no prescribed pattern, is free to mill about at random, even onto the final approach course for 12R or 30L. I haven't yet talked to a pilot (including ATP) who thinks it is illegal to depart an arsa west/O a clearance. TCA's, required; arsa's, no. Somebody better get the word out!

Original NASA ASRS Text

Title: SMA PLT QUESTIONS PROCS WITHIN ARSA WHEN PRIMARY ARPT CTL TWR IS CLOSED.

Narrative: MY ACFT IS BASED AT SJC. TWR IS OTS BTWN 2400 AND 0600 LCL. AT XX30 I MADE A DEP FROM RWY 29, VFR, VIA DIRECT MERCED, CA. WX WAS CAVU. AT 500' I TURNED RIGHT, HDG 77 DEGS MAG AND CLBED ON COURSE, I MADE NO RADIO CALLS, BUT MONITORED BAY APCH FOR THE FIRST 5 MINS--0 ACTIVITY. I LATER RECEIVED THE LATEST ISSUE OF AN AVIATION PUBLICATION, AND WHAT DO I SEE ON THE FRONT PAGE BUT A LATER BREAKING BULLETIN TO THE EFFECT THAT THE RULES GOVERNING FLT IN AN ARSA HAVE BEEN CHANGED, AND AS OF 5/XX/90 IT WILL BE ILLEGAL TO DEPART AN ARSA W/O CONTACTING THE AGENCY CTLING THAT AIRSPACE. TWR CLOSED, THAT WOULD BE BAY APCH, RIGHT? THIS REG COULD LEAD TO A RIDICULOUS SITUATION WHERE YOU COULD HAVE A LIGHT PLANE WITH RUDIMENTARY RADIO, UNABLE TO CONTACT BAY AFTER TKOF. THE SAFEST PROC WOULD BE TO TURN 90 DEGS TO THE RWY HDG AFTER REACHING 500' AND DEPART THE ARSA AS EXPEDITIOUSLY AS POSSIBLE. BUT TO STAY LEGAL, HE NOW STAYS WITHIN THE ARSA, AND WITH NO PRESCRIBED PATTERN, IS FREE TO MILL ABOUT AT RANDOM, EVEN ONTO THE FINAL APCH COURSE FOR 12R OR 30L. I HAVEN'T YET TALKED TO A PLT (INCLUDING ATP) WHO THINKS IT IS ILLEGAL TO DEPART AN ARSA W/O A CLRNC. TCA'S, REQUIRED; ARSA'S, NO. SOMEBODY BETTER GET THE WORD OUT!

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.