Flight Crew Air Transport Pilot (ATP)
Conflict Ground Conflict; Less Severe; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR
General None Reported / Taken
ATC Equipment / Nav Facility / Buildings; Airport; Airspace Structure; Procedure
We activated the Pilot Controlled Lighting (PCL); announced our intentions on Unicom; and taxied from our hangar ramp at approximately XA25 enroute for an IFR departure from Runway 04. Our clearance was received via BHM approach. Just as we approached the runway another tenant on our field operating a Aircraft Y announced that he was taxiing for Runway 22. I responded and indicated that we were about to depart Runway 04. He acknowledged and advised that we should be aware that there was an Ultralight taxiing for Runway 12 who was not communicating on UNICOM. We lined up in position in order to establish visual contact with the other aircraft. After a few seconds of being unable to locate the aircraft; I inquired with the Aircraft Y if he still had visual contact. He advised that the aircraft was airborne and had made a right turn to head in our general direction. We then spotted the black unlit aircraft at an altitude of approximately 200 feet above and slightly to our left; heading straight toward us. The aircraft made a turn crossing to the southeast crossing Runway 04 in front of us and completed a full course reversal to head away from us parallel to Runway 4 on our right side. When we lost sight of him I again asked the Aircraft Y if he had visual contact and he replied that he did not; and that they would now taxi to Runway 04 to depart behind us. Aircraft Y then advised that he had regained visual and it appeared the aircraft might be coming back. We next spotted the aircraft above and to our left at approximately 200 feet heading toward us and converging with the runway. The aircraft crossed over again just in front of our position; passed just to our right; and headed away from us behind and to our right. At this time we announced our departure and departed straight out to the northeast opposite from his direction of flight.Subsequent investigation yielded that the operator of the aircraft is a local tenant who is a flight instructor.We were extremely fortunate that our fellow tenants in Aircraft Y were taxiing out at the same time and were able to advise us that the ultralight was about to depart in the dark; without communicating with anyone; from a runway that we could not see. If we had not delayed our departure we would have definitely encountered a NMAC; and possibly had an accident resulting in 11 fatalities. By any account this was an extremely dangerous and illegal operation by the pilot of the experimental aircraft (Ultralight). Given the fact that this individual is evidently a CFI indicates that his actions were not a result of ignorance; but a blatant disregard for FARs and flying safety. It is our opinion that the operational judgment of this individual needs to be examined by the FAA in order to avoid future incidents that could lead to an accident and/or loss of life.
While approaching the runway; getting ready for take-off after stating my intentions on UNICOM; we received an acknowledgment from another aircraft and that an ultralight was in the area. We delayed our departure and avoided a conflict with the ultralight.