Narrative:

Was dispatched to jamaica-montego bay airport from ind in large transport aircraft. During the course of preparing for departure, we were informed that the montego bay airport was closed due to a controller's strike. We were also told by our dispatch that the airspace around jamaica was open and that the fir area was being handled by supervisors on duty. We assumed that we could get a clearance into their airspace to continue on to montego bay. While en route, we changed our destination to the kingston airport due to the tower being closed at montego bay. We also discussed the option of attempting to land at montego bay if we were able to get TA's from traffic at, in, and around the montego bay airport. Upon arriving at the kingston fir boundary, we were in contact with kingston center and they advised us radar contact -- cleared us down to 13000 ft and told us that there was no traffic between us and the airport (montego bay). We continued and got TA's from other aircraft operating in the vicinity of the montego bay airport, and in fact, landed at the airport. Seeing as how there is a large problem with communication with countries whose controllers don't speak very good english along with the fact that there was a question as to whether we were actually IFR or VFR in the kingston airspace, I believe that operating in this type of a situation is a marginal situation in respect to see and avoid responsibilities of the crew. Seeing as how our operations specifications allow us to conduct flight in both uncontrolled and controled airspace and in and out of closed airport traffic tower controled airports, we conducted the operation since we met all the criteria as far as WX and communication are concerned. As to whether we were on an IFR flight plan in kingston airspace is anybody's guess. We were also issued a clearance once off the ground by kingston center and continued (we got the clearance to climb to 28000 ft and proceed to fir boundary while we were still within 50 mi of the montego bay airport) towards our destination of ind and contacted the havana center while still in kingston airspace, and was issued a clearance to continue on our flight plan route and climb to 31000 ft. I would like to suggest caution to anyone operating in and out of foreign airspace in the caribbean and central america. Their rules often change without notice and it is always a good idea to take enough gas to be able to deviate around their area if possible. Also, make sure you have a back up plan for returning to your original destination if you are unable to get further clearance from fir controllers.

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Original NASA ASRS Text

Title: ACR PIC QUESTIONS LEGALITY OF OP INTO TWR CLOSED ARPT ON SCHEDULED 121 OP.

Narrative: WAS DISPATCHED TO JAMAICA-MONTEGO BAY ARPT FROM IND IN LGT ACFT. DURING THE COURSE OF PREPARING FOR DEP, WE WERE INFORMED THAT THE MONTEGO BAY ARPT WAS CLOSED DUE TO A CTLR'S STRIKE. WE WERE ALSO TOLD BY OUR DISPATCH THAT THE AIRSPACE AROUND JAMAICA WAS OPEN AND THAT THE FIR AREA WAS BEING HANDLED BY SUPVRS ON DUTY. WE ASSUMED THAT WE COULD GET A CLRNC INTO THEIR AIRSPACE TO CONTINUE ON TO MONTEGO BAY. WHILE ENRTE, WE CHANGED OUR DEST TO THE KINGSTON ARPT DUE TO THE TWR BEING CLOSED AT MONTEGO BAY. WE ALSO DISCUSSED THE OPTION OF ATTEMPTING TO LAND AT MONTEGO BAY IF WE WERE ABLE TO GET TA'S FROM TFC AT, IN, AND AROUND THE MONTEGO BAY ARPT. UPON ARRIVING AT THE KINGSTON FIR BOUNDARY, WE WERE IN CONTACT WITH KINGSTON CTR AND THEY ADVISED US RADAR CONTACT -- CLRED US DOWN TO 13000 FT AND TOLD US THAT THERE WAS NO TFC BTWN US AND THE ARPT (MONTEGO BAY). WE CONTINUED AND GOT TA'S FROM OTHER ACFT OPERATING IN THE VICINITY OF THE MONTEGO BAY ARPT, AND IN FACT, LANDED AT THE ARPT. SEEING AS HOW THERE IS A LARGE PROB WITH COM WITH COUNTRIES WHOSE CTLRS DON'T SPEAK VERY GOOD ENGLISH ALONG WITH THE FACT THAT THERE WAS A QUESTION AS TO WHETHER WE WERE ACTUALLY IFR OR VFR IN THE KINGSTON AIRSPACE, I BELIEVE THAT OPERATING IN THIS TYPE OF A SIT IS A MARGINAL SIT IN RESPECT TO SEE AND AVOID RESPONSIBILITIES OF THE CREW. SEEING AS HOW OUR OPS SPECS ALLOW US TO CONDUCT FLT IN BOTH UNCTLED AND CTLED AIRSPACE AND IN AND OUT OF CLOSED ARPT TFC TWR CTLED ARPTS, WE CONDUCTED THE OP SINCE WE MET ALL THE CRITERIA AS FAR AS WX AND COM ARE CONCERNED. AS TO WHETHER WE WERE ON AN IFR FLT PLAN IN KINGSTON AIRSPACE IS ANYBODY'S GUESS. WE WERE ALSO ISSUED A CLRNC ONCE OFF THE GND BY KINGSTON CTR AND CONTINUED (WE GOT THE CLRNC TO CLB TO 28000 FT AND PROCEED TO FIR BOUNDARY WHILE WE WERE STILL WITHIN 50 MI OF THE MONTEGO BAY ARPT) TOWARDS OUR DEST OF IND AND CONTACTED THE HAVANA CTR WHILE STILL IN KINGSTON AIRSPACE, AND WAS ISSUED A CLRNC TO CONTINUE ON OUR FLT PLAN RTE AND CLB TO 31000 FT. I WOULD LIKE TO SUGGEST CAUTION TO ANYONE OPERATING IN AND OUT OF FOREIGN AIRSPACE IN THE CARIBBEAN AND CENTRAL AMERICA. THEIR RULES OFTEN CHANGE WITHOUT NOTICE AND IT IS ALWAYS A GOOD IDEA TO TAKE ENOUGH GAS TO BE ABLE TO DEVIATE AROUND THEIR AREA IF POSSIBLE. ALSO, MAKE SURE YOU HAVE A BACK UP PLAN FOR RETURNING TO YOUR ORIGINAL DEST IF YOU ARE UNABLE TO GET FURTHER CLRNC FROM FIR CTLRS.

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.