‘At your own risk’

“November Two-Eight-Eight-Six-Zero,” came the reply. “A landing aircraft may have struck its tail on the runway and, uh, the instructor reports the tailhook is missing. We’ve closed the runway and we’re going to have airport operations look for the tailhook, but they won’t be able to get out here for about 15 or 20 minutes.” I wasn’t in a hurry, so I shut down and picked up my handheld com radio to listen for updates. What I heard next surprised me.

Another pilot who had also started his engine requested taxi instructions for takeoff and received the same response. He asked if he could use the crosswind runway. Ground said the tailhook could be at the intersection of the two runways, so both runways were unusable. Pressing, the pilot asked if he could take off if he was airborne by the intersection. With some agitation, the controller said, “You can use the runway at your own risk, but we have no idea where the debris may be on the runway.” Wisely, the pilot decided to wait. The episode made me think about the term “at your own risk,” when it is used, and when we should take risk—if ever.

Previously, I could only remember hearing the phrase “at your own risk” when ATC was authorizing helicopters to take off or land from nonmovement areas. The Aeronautical Information Manual (4-3-17) explains: “If takeoff is requested from nonmovement areas, an area not authorized for helicopter use, an area not visible from the tower, an unlighted area at night, or an area off the airport, the phraseology ‘DEPARTURE FROM (requested location) WILL BE AT YOUR OWN RISK (additional instructions, as necessary). USE CAUTION (if applicable).’ The pilot is responsible for operating in a safe manner and should exercise due caution.” A high degree of pilot/controller cooperation and communication is necessary to achieve safe and efficient operations.

There are other instances when ATC enables pilots to accept increased risk.

These “at your own risk” cautions given to us by ATC (or by our inner voice) should make us pause and ask if we should continue.
On a recent flight from Frederick, Maryland, to Chicago, I was using every available resource to safely navigate around a line of storms that stretched from Kansas to Ohio. ATC was providing critical guidance on precipitation intensity and suggested course changes to avoid the thunderstorms. Over Lima, Ohio, I briefly flirted with the idea of taking a direct course to Chicago, but it would have taken me between two lines of storms I was concerned could merge into one. I ultimately opted to deviate south—almost to Indianapolis—to keep at least 20 miles distant from the worst cells. At the same time, I heard a pilot landing at a nearby airport be cautioned by ATC that moderate-to-extreme precipitation intensity cells were approaching the airport. The pilot was intent on landing, so the tower controller suggested several heading changes that enabled the pilot to fly within a few miles of a high-intensity cell in order to join a short final approach and land. I was sweating his landing vicariously through the radio calls.

Many of us fly the Fisk VFR Arrival to OSH during EAA AirVenture Oshkosh, which includes an FAA waiver reducing the arrival and departure separation standards. It states, “Pilots should be prepared for a combination of maneuvers that may include a short approach with descending turns, followed by touchdown at a point specified by ATC which may be almost halfway down the runway.” Oh, and two airplanes are authorized to land on one runway at the same time on colored dots separated by about 1,500 feet. The AirVenture notice does caution, “If you are not comfortable with the OSH AirVenture procedures, please consider flying into FLD or ATW and taking public transportation to OSH.” Even if you are comfortable with your own skills and proficiency, there is some risk given the varying proficiency of pilots flying near you.

These “at your own risk” cautions given to us by ATC (or by our inner voice) should make us pause and ask whether we should continue. The answer may very well be yes, but at least we’ll proceed with eyes wide open and an added dose of situational awareness.

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