Oracle Corp CEO Larry Ellison is in the middle of a dispute with San Jose airport because his private jet has been breaking night time flying curfews, the San Jose Mercury has reported. Ellison owns a $38m Gulfstream V jet, which under airport rules is not supposed to land between the hours of 11.30pm and 6.30am. But his plane has violated the curfew six times in the last nine months.

San Jose airport is very close to the city itself, and planes fly low over residential neighborhoods on their approach. While most corporate jets are exempt from the rules, the GulfStream V has a large fuel capacity which puts it over the usual weight limits on which the rules are based. It is not thought to be any noisier than other corporate jets. However, airport officials are said to have referred the violations to a city attorney. Meanwhile, the Mercury quotes an attorney representing EllisonÆs company Wing and a Prayer Inc, which is the listed owner of the jet, who says we believe we’ve been complying with the law.

Gulfstream Aerospace, the jet’s manufacturer, apparently suggested a compromise to the airport – that the aircraft carry less fuel and be fitted out with a placard certifying that its weight was below 75,000 pounds. But the airport says it’s unwilling to go out and check every time that the aircraft is carrying the weight certification.