Narrative:

There is a curfew at san prohibiting takeoffs after XX00 local time and before XG30. We made the effort to be at the airport at XF30, preflted, received IFR clearance from previously filed flight plan, and at approximately XG10 requested and received clearance from ground control to taxi to the active runway 27 in order to be 'first out' following end of curfew and avoid wake turbulence, as the airport gets quite busy shortly after end of curfew. Contacted san tower at approximately XG15 and advised that when they were ready to commence operations that we were ready for takeoff. San tower cleared me into position and hold which we did and shortly thereafter tower cleared us for takeoff. It was my assumption that the local custom on the curfew must not be a hard and fast rule, that san tower preferred to get us out of the way because we were light and not noisy, and in the interest of safety preferred us to leave, and thus we departed. Prior to leaving tower frequency and going to departure, I commented to the tower something to the effect of thanking him for the early departure, and his comments back to me were, and I quote, 'sir, it's not my job to enforce the curfew. My job is to keep you separated from other traffic. If you want to violate a curfew, that's your business and not mine.' the safety implications attendant to this attitude on the part of a controller are so obvious and serious that I thought a NASA report was in order.

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Original NASA ASRS Text

Title: PLT OF SMA LIGHT TWIN DEPARTS SAN PRIOR TO THE MORNING CURFEW LIMIT. PLT THOUGHT THAT BECAUSE TWR HAD CLEARED HIM FOR TKOF, IT WAS OK.

Narrative: THERE IS A CURFEW AT SAN PROHIBITING TKOFS AFTER XX00 LCL TIME AND BEFORE XG30. WE MADE THE EFFORT TO BE AT THE ARPT AT XF30, PREFLTED, RECEIVED IFR CLRNC FROM PREVIOUSLY FILED FLT PLAN, AND AT APPROX XG10 REQUESTED AND RECEIVED CLRNC FROM GND CTL TO TAXI TO THE ACTIVE RWY 27 IN ORDER TO BE 'FIRST OUT' FOLLOWING END OF CURFEW AND AVOID WAKE TURB, AS THE ARPT GETS QUITE BUSY SHORTLY AFTER END OF CURFEW. CONTACTED SAN TWR AT APPROX XG15 AND ADVISED THAT WHEN THEY WERE READY TO COMMENCE OPS THAT WE WERE READY FOR TKOF. SAN TWR CLRED ME INTO POS AND HOLD WHICH WE DID AND SHORTLY THEREAFTER TWR CLRED US FOR TKOF. IT WAS MY ASSUMPTION THAT THE LCL CUSTOM ON THE CURFEW MUST NOT BE A HARD AND FAST RULE, THAT SAN TWR PREFERRED TO GET US OUT OF THE WAY BECAUSE WE WERE LIGHT AND NOT NOISY, AND IN THE INTEREST OF SAFETY PREFERRED US TO LEAVE, AND THUS WE DEPARTED. PRIOR TO LEAVING TWR FREQ AND GOING TO DEP, I COMMENTED TO THE TWR SOMETHING TO THE EFFECT OF THANKING HIM FOR THE EARLY DEP, AND HIS COMMENTS BACK TO ME WERE, AND I QUOTE, 'SIR, IT'S NOT MY JOB TO ENFORCE THE CURFEW. MY JOB IS TO KEEP YOU SEPARATED FROM OTHER TFC. IF YOU WANT TO VIOLATE A CURFEW, THAT'S YOUR BUSINESS AND NOT MINE.' THE SAFETY IMPLICATIONS ATTENDANT TO THIS ATTITUDE ON THE PART OF A CTLR ARE SO OBVIOUS AND SERIOUS THAT I THOUGHT A NASA RPT WAS IN ORDER.

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.