Private pilot of an small aircraft sel was given permission to land at an uncontrolled closed airpor...

Narrative:

On aug/xx/95 at about XA30 am I left the kendallville airport en route to dekalb county at auburn, in, (07C). It is a 15 mi trip. The WX was VFR with haze. Upon arrival while turning from base to final, I called in on unicom stating my intentions. I was immediately advised by the airport manager that the airport was closed. He advised me that there was an accident and he had an aircraft over on its back at the far end of runway 27. I radioed 'roger, I'm aborting my landing.' before I could take any action, the manager came back on the radio and said 'is that you?' I replied that it was. He then said 'can you land and make the first turn off?' I said sure, that it wouldn't be any problem. He said that if I could make the first turn off, I could go ahead and land. At that point I then came on in. As I started to flare, a third voice came on the radio and said 'inbound aircraft abort, abort, the airport's closed by NOTAM due to an accident.' by this time I was either on the ground or just inches from it. I then heard the airport manager advise the third party that it was ok, he had given me permission to land. I turned off at the first off ramp as instructed. I then taxied to the parking area (opposite side of the airport from the accident). I then noticed while taxiing a police car driving up to me. While I was exiting the aircraft, I was approached by the officer. He asked me why had I landed when the airport was closed. I told him that the airport manager had told me that it was ok. I then got into his car and he drove over to the accident. There the story was repeated to the state police and that seemed to end the matter. A short time later, I was approached by the airport manager. He took me off to the side, he said 'hey, if anybody asks, I didn't give you permission to land.' I told him it was too late, that I had already told the police. The manager is a young kid and this is his first job and didn't want to get into trouble. About an hour and a half later I wanted to takeoff and leave. I then asked the state police, county sheriff and the airport manager if I could take off. All 3 parties said yes and I then left. A little later I got to thinking about the manager's behavior. I got to wondering if I had broken any FARS. At the time I was landing, I was thinking if the manager has the authority/authorized to call the FAA and have a NOTAM issued (which I didn't know about until landing) closing the airport, he certainly had the authority/authorized to open it. So I landed. I then asked several instructors if they thought that I had broken any FARS. It was their opinion that the manager did have authority/authorized and that I did not break any FARS. However, another instructor had a different opinion. He said that it would depend on whether or not the police had taken over the scene. If the police had taken over, then only they would have the authority/authorized to open airport unless overridden by the FAA or NTSB.

Original NASA ASRS Text

Title: PVT PLT OF AN SMA SEL WAS GIVEN PERMISSION TO LAND AT AN UNCTLED CLOSED ARPT BY THE ARPT MGR WHICH WAS QUESTIONED BY THE POLICE INVESTIGATING THE ACCIDENT.

Narrative: ON AUG/XX/95 AT ABOUT XA30 AM I LEFT THE KENDALLVILLE ARPT ENRTE TO DEKALB COUNTY AT AUBURN, IN, (07C). IT IS A 15 MI TRIP. THE WX WAS VFR WITH HAZE. UPON ARR WHILE TURNING FROM BASE TO FINAL, I CALLED IN ON UNICOM STATING MY INTENTIONS. I WAS IMMEDIATELY ADVISED BY THE ARPT MGR THAT THE ARPT WAS CLOSED. HE ADVISED ME THAT THERE WAS AN ACCIDENT AND HE HAD AN ACFT OVER ON ITS BACK AT THE FAR END OF RWY 27. I RADIOED 'ROGER, I'M ABORTING MY LNDG.' BEFORE I COULD TAKE ANY ACTION, THE MGR CAME BACK ON THE RADIO AND SAID 'IS THAT YOU?' I REPLIED THAT IT WAS. HE THEN SAID 'CAN YOU LAND AND MAKE THE FIRST TURN OFF?' I SAID SURE, THAT IT WOULDN'T BE ANY PROB. HE SAID THAT IF I COULD MAKE THE FIRST TURN OFF, I COULD GO AHEAD AND LAND. AT THAT POINT I THEN CAME ON IN. AS I STARTED TO FLARE, A THIRD VOICE CAME ON THE RADIO AND SAID 'INBOUND ACFT ABORT, ABORT, THE ARPT'S CLOSED BY NOTAM DUE TO AN ACCIDENT.' BY THIS TIME I WAS EITHER ON THE GND OR JUST INCHES FROM IT. I THEN HEARD THE ARPT MGR ADVISE THE THIRD PARTY THAT IT WAS OK, HE HAD GIVEN ME PERMISSION TO LAND. I TURNED OFF AT THE FIRST OFF RAMP AS INSTRUCTED. I THEN TAXIED TO THE PARKING AREA (OPPOSITE SIDE OF THE ARPT FROM THE ACCIDENT). I THEN NOTICED WHILE TAXIING A POLICE CAR DRIVING UP TO ME. WHILE I WAS EXITING THE ACFT, I WAS APCHED BY THE OFFICER. HE ASKED ME WHY HAD I LANDED WHEN THE ARPT WAS CLOSED. I TOLD HIM THAT THE ARPT MGR HAD TOLD ME THAT IT WAS OK. I THEN GOT INTO HIS CAR AND HE DROVE OVER TO THE ACCIDENT. THERE THE STORY WAS REPEATED TO THE STATE POLICE AND THAT SEEMED TO END THE MATTER. A SHORT TIME LATER, I WAS APCHED BY THE ARPT MGR. HE TOOK ME OFF TO THE SIDE, HE SAID 'HEY, IF ANYBODY ASKS, I DIDN'T GIVE YOU PERMISSION TO LAND.' I TOLD HIM IT WAS TOO LATE, THAT I HAD ALREADY TOLD THE POLICE. THE MGR IS A YOUNG KID AND THIS IS HIS FIRST JOB AND DIDN'T WANT TO GET INTO TROUBLE. ABOUT AN HR AND A HALF LATER I WANTED TO TKOF AND LEAVE. I THEN ASKED THE STATE POLICE, COUNTY SHERIFF AND THE ARPT MGR IF I COULD TAKE OFF. ALL 3 PARTIES SAID YES AND I THEN LEFT. A LITTLE LATER I GOT TO THINKING ABOUT THE MGR'S BEHAVIOR. I GOT TO WONDERING IF I HAD BROKEN ANY FARS. AT THE TIME I WAS LNDG, I WAS THINKING IF THE MGR HAS THE AUTH TO CALL THE FAA AND HAVE A NOTAM ISSUED (WHICH I DIDN'T KNOW ABOUT UNTIL LNDG) CLOSING THE ARPT, HE CERTAINLY HAD THE AUTH TO OPEN IT. SO I LANDED. I THEN ASKED SEVERAL INSTRUCTORS IF THEY THOUGHT THAT I HAD BROKEN ANY FARS. IT WAS THEIR OPINION THAT THE MGR DID HAVE AUTH AND THAT I DID NOT BREAK ANY FARS. HOWEVER, ANOTHER INSTRUCTOR HAD A DIFFERENT OPINION. HE SAID THAT IT WOULD DEPEND ON WHETHER OR NOT THE POLICE HAD TAKEN OVER THE SCENE. IF THE POLICE HAD TAKEN OVER, THEN ONLY THEY WOULD HAVE THE AUTH TO OPEN ARPT UNLESS OVERRIDDEN BY THE FAA OR NTSB.

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.

Attributes
ACN	313309
Time
Date	199508
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : 07c
State Reference	IN
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	general aviation : personal
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 91
Flight Phase	landing other
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private
Experience	flight time last 90 days : 50 flight time total : 450 flight time type : 300
ASRS Report	313309
Person 2
Affiliation	government other
Function	oversight : airport manager
Qualification	other other : other
Events
Anomaly	other anomaly other
Independent Detector	other other : unspecified
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Airport
Air Traffic Incident	other

Private pilot of an small aircraft sel was given permission to land at an uncontrolled closed airport by the airport manager which was questioned by the police investigating the accident.