B727 crew, after a WX diversion, departed airport after local curfew.

Attributes
ACN	417350
Time
Date	199810
Day	Mon
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : pbi airport : pbi
State Reference	FL
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : zma
Operator	common carrier : air carrier
Make Model Name	B727-200
Operating Under FAR Part	Part 121
Flight Phase	climbout : takeoff
Route In Use	departure other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	417350
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
ASRS Report	416756
Events
Anomaly	non adherence : published procedure other anomaly other
Independent Detector	other flight crewa other other : unspecified
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Airport
Air Traffic Incident	other

Narrative:

Due to WX at mia we had to divert. First alternate was fll, second was pbi, per flight plan. After radio call to dispatch, I informed them that at bingo I would be going to pbi since conditions appeared better. While on our way to pbi, dispatch sent ACARS message asking us to go to fll. Due to WX, I decided to go to pbi per our voice conversation. What I did not know was that there was a curfew for non stage 2 aircraft after XX30 as published in part 2 departure section. Due to workload, we did not review this information and dispatch did not volunteer it also. After landing, dispatch manager said just take off and we will worry about it later, which is what we did. I am concerned about taking off against curfew and why pbi would be listed as an alternate when it wasn't suitable. Supplemental information from acn 416756: diverted to pbi due to WX at mia and low fuel. After landing at pbi and reviewing departure information, we became aware of a takeoff curfew for B727's. We called dispatch and asked if they could obtain a waiver, which they sent via ACARS. We called tower also to coordinate a waiver and they called us back a few mins later with a clearance for departure.

Original NASA ASRS Text

Title: B727 CREW, AFTER A WX DIVERSION, DEPARTED ARPT AFTER LCL CURFEW.

Narrative: DUE TO WX AT MIA WE HAD TO DIVERT. FIRST ALTERNATE WAS FLL, SECOND WAS PBI, PER FLT PLAN. AFTER RADIO CALL TO DISPATCH, I INFORMED THEM THAT AT BINGO I WOULD BE GOING TO PBI SINCE CONDITIONS APPEARED BETTER. WHILE ON OUR WAY TO PBI, DISPATCH SENT ACARS MESSAGE ASKING US TO GO TO FLL. DUE TO WX, I DECIDED TO GO TO PBI PER OUR VOICE CONVERSATION. WHAT I DID NOT KNOW WAS THAT THERE WAS A CURFEW FOR NON STAGE 2 ACFT AFTER XX30 AS PUBLISHED IN PART 2 DEP SECTION. DUE TO WORKLOAD, WE DID NOT REVIEW THIS INFO AND DISPATCH DID NOT VOLUNTEER IT ALSO. AFTER LNDG, DISPATCH MGR SAID JUST TAKE OFF AND WE WILL WORRY ABOUT IT LATER, WHICH IS WHAT WE DID. I AM CONCERNED ABOUT TAKING OFF AGAINST CURFEW AND WHY PBI WOULD BE LISTED AS AN ALTERNATE WHEN IT WASN'T SUITABLE. SUPPLEMENTAL INFO FROM ACN 416756: DIVERTED TO PBI DUE TO WX AT MIA AND LOW FUEL. AFTER LNDG AT PBI AND REVIEWING DEP INFO, WE BECAME AWARE OF A TKOF CURFEW FOR B727'S. WE CALLED DISPATCH AND ASKED IF THEY COULD OBTAIN A WAIVER, WHICH THEY SENT VIA ACARS. WE CALLED TWR ALSO TO COORDINATE A WAIVER AND THEY CALLED US BACK A FEW MINS LATER WITH A CLRNC FOR DEP.

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.