Narrative:

At our local class 2 airport, a city noise ordinance declares the airport is closed to departing traffic before XC00 on sundays, but with prior arrangements a waiver can be obtained to depart earlier. In this particular case a waiver was obtained late saturday afternoon granting departure before the field opens at XC00 sunday morning, both for our aircraft and our accompanying wingman, each in antique biplanes invited to participate as 'static display' at a local naval air station annual airshow. Our window for arrival there was XB30 to XD00, and the flight would take 1 1/2 hours. The ETD for our flight was XA45, however our ATD is now believed to have been closer to XB00, well ahead of the anticipated XC00 field opening. From the past experience when the airport closes, CTAF procedures advise monitoring 124.0, which we did. Hearing no xmissions or ATIS (and not expecting to hear any at this early hour) and observing there was no traffic whatsoever, no one visible in the tower nor negative light signal emanating therefrom, we departed in zero wind conditions on runway 29R, which allowed the recommended 'good neighbor' downwind departure over the bordering industrial area. En route to our destination, we became aware that although our radio was on and tuned to the appropriate departure frequency, it was completely inoperative except for intercom. After some trouble shooting the malady was corrected, and when air to air communication with our wingman was established, he advised us that unbeknownst to us, a lone controller had arrived in the tower and had vainly attempted to contact us during our taxi and departure. The remainder of the flight to our destination was uneventful, and with no further radio malfunction. On return we landed, received no negative comments about the am departure, however learned from the grapevine that the lone controller had cited my actions (PIC) by filing a 'pilot deviation' report. (As of this date, I have not received any official written or verbal communication from that person to determine if that is indeed the case.) the factors contributing to this incident include first time encounters with city ordinances regarding early operation hours being confused with differing federal tower operation hours, superimposed and compounded in this case by an unappreciated radio malfunction during a period when the tower was thought to be closed and therefore no xmissions anticipated. My suggestions on how to prevent a recurrence would be to clarify differences between federal tower operation times, and city ordinance operation times to avoid confusion. Another preventive measure would be to utilize routine light signals from the tower if it becomes obvious that an aircraft on the ground is not in appropriate radio communication for whatever reason.

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Original NASA ASRS Text

Title: BIPLANE PLT DEPARTS ARPT AS NORDO TFC, UNKNOWINGLY.

Narrative: AT OUR LCL CLASS 2 ARPT, A CITY NOISE ORDINANCE DECLARES THE ARPT IS CLOSED TO DEPARTING TFC BEFORE XC00 ON SUNDAYS, BUT WITH PRIOR ARRANGEMENTS A WAIVER CAN BE OBTAINED TO DEPART EARLIER. IN THIS PARTICULAR CASE A WAIVER WAS OBTAINED LATE SATURDAY AFTERNOON GRANTING DEP BEFORE THE FIELD OPENS AT XC00 SUNDAY MORNING, BOTH FOR OUR ACFT AND OUR ACCOMPANYING WINGMAN, EACH IN ANTIQUE BIPLANES INVITED TO PARTICIPATE AS 'STATIC DISPLAY' AT A LCL NAVAL AIR STATION ANNUAL AIRSHOW. OUR WINDOW FOR ARR THERE WAS XB30 TO XD00, AND THE FLT WOULD TAKE 1 1/2 HRS. THE ETD FOR OUR FLT WAS XA45, HOWEVER OUR ATD IS NOW BELIEVED TO HAVE BEEN CLOSER TO XB00, WELL AHEAD OF THE ANTICIPATED XC00 FIELD OPENING. FROM THE PAST EXPERIENCE WHEN THE ARPT CLOSES, CTAF PROCS ADVISE MONITORING 124.0, WHICH WE DID. HEARING NO XMISSIONS OR ATIS (AND NOT EXPECTING TO HEAR ANY AT THIS EARLY HR) AND OBSERVING THERE WAS NO TFC WHATSOEVER, NO ONE VISIBLE IN THE TWR NOR NEGATIVE LIGHT SIGNAL EMANATING THEREFROM, WE DEPARTED IN ZERO WIND CONDITIONS ON RWY 29R, WHICH ALLOWED THE RECOMMENDED 'GOOD NEIGHBOR' DOWNWIND DEP OVER THE BORDERING INDUSTRIAL AREA. ENRTE TO OUR DEST, WE BECAME AWARE THAT ALTHOUGH OUR RADIO WAS ON AND TUNED TO THE APPROPRIATE DEP FREQ, IT WAS COMPLETELY INOP EXCEPT FOR INTERCOM. AFTER SOME TROUBLE SHOOTING THE MALADY WAS CORRECTED, AND WHEN AIR TO AIR COM WITH OUR WINGMAN WAS ESTABLISHED, HE ADVISED US THAT UNBEKNOWNST TO US, A LONE CTLR HAD ARRIVED IN THE TWR AND HAD VAINLY ATTEMPTED TO CONTACT US DURING OUR TAXI AND DEP. THE REMAINDER OF THE FLT TO OUR DEST WAS UNEVENTFUL, AND WITH NO FURTHER RADIO MALFUNCTION. ON RETURN WE LANDED, RECEIVED NO NEGATIVE COMMENTS ABOUT THE AM DEP, HOWEVER LEARNED FROM THE GRAPEVINE THAT THE LONE CTLR HAD CITED MY ACTIONS (PIC) BY FILING A 'PLTDEV' RPT. (AS OF THIS DATE, I HAVE NOT RECEIVED ANY OFFICIAL WRITTEN OR VERBAL COM FROM THAT PERSON TO DETERMINE IF THAT IS INDEED THE CASE.) THE FACTORS CONTRIBUTING TO THIS INCIDENT INCLUDE FIRST TIME ENCOUNTERS WITH CITY ORDINANCES REGARDING EARLY OP HRS BEING CONFUSED WITH DIFFERING FEDERAL TWR OP HRS, SUPERIMPOSED AND COMPOUNDED IN THIS CASE BY AN UNAPPRECIATED RADIO MALFUNCTION DURING A PERIOD WHEN THE TWR WAS THOUGHT TO BE CLOSED AND THEREFORE NO XMISSIONS ANTICIPATED. MY SUGGESTIONS ON HOW TO PREVENT A RECURRENCE WOULD BE TO CLARIFY DIFFERENCES BTWN FEDERAL TWR OP TIMES, AND CITY ORDINANCE OP TIMES TO AVOID CONFUSION. ANOTHER PREVENTIVE MEASURE WOULD BE TO UTILIZE ROUTINE LIGHT SIGNALS FROM THE TWR IF IT BECOMES OBVIOUS THAT AN ACFT ON THE GND IS NOT IN APPROPRIATE RADIO COM FOR WHATEVER REASON.

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.