Flight crew violated noise curfew by taking off after curfew with stage ii aircraft.

Attributes
ACN	279339
Time
Date	199408
Day	Fri
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : san
State Reference	CA
Altitude	agl bound lower : 0 agl bound upper : 1000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	B727-200
Operating Under FAR Part	Part 121
Flight Phase	climbout : takeoff ground : preflight ground other : taxi
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 50 flight time total : 6000 flight time type : 1000
ASRS Report	279339
Person 2
Affiliation	company : air carrier
Function	flight crew : second officer
Qualification	pilot : flight engineer pilot : atp
Experience	flight time total : 2000
ASRS Report	279237
Events
Anomaly	aircraft equipment problem : less severe non adherence : published procedure other anomaly other
Independent Detector	other controllera
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Aircraft
Air Traffic Incident	other

Narrative:

When we arrived at aircraft, the captain discovered that the maintenance log contained a write-up which stated one of the tires needed to be changed. While pursuing this write-up, we missed our scheduled takeoff time. After resolving the maintenance problem, and during taxi-out for takeoff, ground control notified us that the port authority/authorized was denying our takeoff due to the stage III noise requirements being in effect after sjxx pm local. After discussing the matter, we taxied back to the ramp and contacted union safety and legal authorities, who advised us to proceed with the takeoff or risk company suspension or termination. After receiving written authorization from the company to proceed, we completed the departure uneventfully in our stage ii aircraft. Our concern over certificate action was based on our willful violation of stage III noise requirements under FARS. Corrective action recommended is to obtain definitive guidance from appropriate legal authorities, and distribute information to the pilot force at large.

Original NASA ASRS Text

Title: FLC VIOLATED NOISE CURFEW BY TAKING OFF AFTER CURFEW WITH STAGE II ACFT.

Narrative: WHEN WE ARRIVED AT ACFT, THE CAPT DISCOVERED THAT THE MAINT LOG CONTAINED A WRITE-UP WHICH STATED ONE OF THE TIRES NEEDED TO BE CHANGED. WHILE PURSUING THIS WRITE-UP, WE MISSED OUR SCHEDULED TKOF TIME. AFTER RESOLVING THE MAINT PROB, AND DURING TAXI-OUT FOR TKOF, GND CTL NOTIFIED US THAT THE PORT AUTH WAS DENYING OUR TKOF DUE TO THE STAGE III NOISE REQUIREMENTS BEING IN EFFECT AFTER SJXX PM LCL. AFTER DISCUSSING THE MATTER, WE TAXIED BACK TO THE RAMP AND CONTACTED UNION SAFETY AND LEGAL AUTHORITIES, WHO ADVISED US TO PROCEED WITH THE TKOF OR RISK COMPANY SUSPENSION OR TERMINATION. AFTER RECEIVING WRITTEN AUTHORIZATION FROM THE COMPANY TO PROCEED, WE COMPLETED THE DEP UNEVENTFULLY IN OUR STAGE II ACFT. OUR CONCERN OVER CERTIFICATE ACTION WAS BASED ON OUR WILLFUL VIOLATION OF STAGE III NOISE REQUIREMENTS UNDER FARS. CORRECTIVE ACTION RECOMMENDED IS TO OBTAIN DEFINITIVE GUIDANCE FROM APPROPRIATE LEGAL AUTHORITIES, AND DISTRIBUTE INFO TO THE PLT FORCE AT LARGE.

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.