Narrative:

I taxied out at XA20 intending to depart at XA30 when the airport opened after runway resurfacing the night before. When I found the airport deserted, with no one and no equipment in sight, I took off at XA25. FSDO is charging me with reckless operation of an aircraft because I left 5 mins early, despite the fact that no person or equipment were on the runway or taxiway. I cannot find any far 91 or aim passage that states that a pilot cannot accept the risk and responsibility to land or takeoff on a closed airport so long as that action does not present a risk to people or property. By the way, there were no yellow X's on the runway. This practice of landing on txwys and closed runways is done often in real life, when the pilot is careful not to risk people or property.

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Original NASA ASRS Text

Title: THE RPTR TOOK OFF 5 MINS BEFORE THE TWR OPENED FROM A RWY THAT HAD BEEN CLOSED FOR RESURFACING THE NIGHT BEFORE AND FSDO IS CHARGING HIM WITH CARELESS AND RECKLESS OP OF HIS ACFT.

Narrative: I TAXIED OUT AT XA20 INTENDING TO DEPART AT XA30 WHEN THE ARPT OPENED AFTER RWY RESURFACING THE NIGHT BEFORE. WHEN I FOUND THE ARPT DESERTED, WITH NO ONE AND NO EQUIP IN SIGHT, I TOOK OFF AT XA25. FSDO IS CHARGING ME WITH RECKLESS OP OF AN ACFT BECAUSE I LEFT 5 MINS EARLY, DESPITE THE FACT THAT NO PERSON OR EQUIP WERE ON THE RWY OR TXWY. I CANNOT FIND ANY FAR 91 OR AIM PASSAGE THAT STATES THAT A PLT CANNOT ACCEPT THE RISK AND RESPONSIBILITY TO LAND OR TKOF ON A CLOSED ARPT SO LONG AS THAT ACTION DOES NOT PRESENT A RISK TO PEOPLE OR PROPERTY. BY THE WAY, THERE WERE NO YELLOW X'S ON THE RWY. THIS PRACTICE OF LNDG ON TXWYS AND CLOSED RWYS IS DONE OFTEN IN REAL LIFE, WHEN THE PLT IS CAREFUL NOT TO RISK PEOPLE OR PROPERTY.

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.