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Commission Implementing Regulation (EU) No 923/2012Show full title

Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (Text with EEA relevance)

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SECTION 5 Visual meteorological conditions, visual flight rules, special VFR and instrument flight rules

SERA.5001 VMC visibility and distance from cloud minima

VMC visibility and distance from cloud minima are contained in Table S5-1.

a

When the height of the transition altitude is lower than 3 050 m (10 000 ft) AMSL, FL 100 shall be used in lieu of 10 000 ft.

b

The VMC minima in Class A airspace are included for guidance to pilots and do not imply acceptance of VFR flights in Class A airspace.

c

When so prescribed by the competent authority:

(a)

flight visibilities reduced to not less than 1 500 m may be permitted for flights operating:

(1)

at speeds of 140 kts IAS or less to give adequate opportunity to observe other traffic or any obstacles in time to avoid collision; or

(2)

in circumstances in which the probability of encounters with other traffic would normally be low, e.g. in areas of low volume traffic and for aerial work at low levels;

(b)

Helicopters may be permitted to operate in less than 1 500 m but not less than 800 m flight visibility, if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision. Flight visibilities lower than 800 m may be permitted for special cases, such as medical flights, search and rescue operations and fire-fighting.

Table S5-1 a
Altitude bandAirspace classFlight visibilityDistance from cloud
At and above 3 050 m (10 000 ft) AMSLAb B C D E F G8 km

1 500 m horizontally

300 m (1 000 ft) vertically

Below 3 050 m (10 000 ft) AMSL and above 900 m (3 000 ft) AMSL, or above 300 m (1 000 ft) above terrain, whichever is the higherAb B C D E F G5 km

1 500 m horizontally

300 m (1 000 ft) vertically

At and below 900 m (3 000 ft) AMSL, or 300 m (1 000 ft) above terrain, whichever is the higherAb B C D E5 km

1 500 m horizontally

300 m (1 000 ft) vertically

F G5 kmcClear of cloud and with the surface in sight

SERA.5005 Visual flight rules

(a)Except when operating as a special VFR flight, VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in Table S5-1.
(b)Except when a special VFR clearance is obtained from an air traffic control unit, VFR flights shall not take off or land at an aerodrome within a control zone, or enter the aerodrome traffic zone or aerodrome traffic circuit when the reported meteorological conditions at that aerodrome are below the following minima:
(1)

the ceiling is less than 450 m (1 500 ft); or

(2)

the ground visibility is less than 5 km.

(c)When so prescribed by the competent authority, VFR flights at night may be permitted under the following conditions:
(1)

if leaving the vicinity of an aerodrome, a flight plan shall be submitted in accordance with SERA.4001(b)(6);

(2)

flights shall establish and maintain two-way radio communication on the appropriate ATS communication channel, when available;

(3)

the VMC visibility and distance from cloud minima as specified in Table S5-1 shall apply except that:

(i)

the ceiling shall not be less than 450 m (1 500 ft);

(ii)

except as specified in (c)(4), the reduced flight visibility provisions specified in Table S5-1(a) and (b) shall not apply;

(iii)

in airspace classes B, C, D, E, F and G, at and below 900 m (3 000 ft) above MSL or 300 m (1 000 ft) above terrain, whichever is the higher, the pilot shall maintain continuous sight of the surface;

(iv)

for helicopters in airspace classes F and G at and below 900 m (3 000 ft) above MSL or 300 m (1 000 ft) above terrain, whichever is the higher, flight visibility shall not be less than 3 km, provided that the pilot maintains continuous sight of the surface and if manoeuvred at a speed that will give adequate opportunity to observe other traffic or obstacles in time to avoid collision; and

(v)

for mountainous terrain, higher VMC visibility and distance from cloud minima may be prescribed by the competent authority;

(4)

ceiling, visibility and distance from cloud minima lower than those specified in (3) may be permitted for helicopters in special cases, such as medical flights, search and rescue operations and fire-fighting;

(5)

except when necessary for take-off or landing, or except when specifically authorised by the competent authority, a VFR flight at night shall be flown at a level which is not below the minimum flight altitude established by the State whose territory is overflown, or, where no such minimum flight altitude has been established:

(i)

over high terrain or in mountainous areas, at a level which is at least 600 m (2 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft;

(ii)

elsewhere than as specified in i), at a level which is at least 300 m (1 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft.

(d)Unless authorised by the competent authority in accordance with Regulation (EC) No 730/2006, VFR flights shall not be operated:
(1)

above FL 195;

(2)

at transonic and supersonic speeds.

(e)Authorisation for VFR flights to operate above FL 285 shall not be granted where a vertical separation minimum of 300 m (1 000 ft) is applied above FL 290.
(f)Except when necessary for take-off or landing, or except by permission from the competent authority, a VFR flight shall not be flown:
(1)

over the congested areas of cities, towns or settlements or over an open-air assembly of persons at a height less than 300 m (1 000 ft) above the highest obstacle within a radius of 600 m from the aircraft;

(2)

elsewhere than as specified in (1), at a height less than 150 m (500 ft) above the ground or water, or 150 m (500 ft) above the highest obstacle within a radius of 150 m (500 ft) from the aircraft.

(g)Except where otherwise indicated in air traffic control clearances or specified by the competent authority, VFR flights in level cruising flight when operated above 900 m (3 000 ft) from the ground or water, or a higher datum as specified by the competent authority, shall be conducted at a cruising level appropriate to the track as specified in the table of cruising levels in Appendix 3.
(h)VFR flights shall comply with the provisions of Section 8:
(1)

when operated within Classes B, C and D airspace;

(2)

when forming part of aerodrome traffic at controlled aerodromes; or

(3)

when operated as special VFR flights.

(i)A VFR flight operating within or into areas or along routes designated by the competent authority, in accordance with SERA.4001(b)(3) or (4), shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and report its position as necessary to, the air traffic services unit providing flight information service.
(j)An aircraft operated in accordance with the visual flight rules which wishes to change to compliance with the instrument flight rules shall:
(1)

if a flight plan was submitted, communicate the necessary changes to be effected to its current flight plan; or

(2)

as required by SERA.4001(b), submit a flight plan to the appropriate air traffic services unit as soon as practicable and obtain a clearance prior to proceeding IFR when in controlled airspace.

SERA.5010 Special VFR in control zones

Special VFR flights may be authorised to operate within a control zone, subject to an ATC clearance. Except when permitted by the competent authority for helicopters in special cases such as medical flights, search and rescue operations and fire-fighting, the following additional conditions shall be applied:

(a)

by the pilot:

(1)

clear of cloud and with the surface in sight;

(2)

the flight visibility is not less than 1 500 m or, for helicopters, not less than 800 m;

(3)

at speed of 140 kts IAS or less to give adequate opportunity to observe other traffic and any obstacles in time to avoid a collision; and

(b)

by ATC:

(1)

during day only, unless otherwise permitted by the competent authority;

(2)

the ground visibility is not less than 1 500 m or, for helicopters, not less than 800 m;

(3)

the ceiling is not less than 180 m (600 ft).

SERA.5015 Instrument flight rules (IFR) — Rules applicable to all IFR flights

(a)Aircraft equipment

Aircraft shall be equipped with suitable instruments and with navigation equipment appropriate to the route to be flown and in accordance with the applicable air operations legislation.

(b)Minimum levels

Except when necessary for take-off or landing, or except when specifically authorised by the competent authority, an IFR flight shall be flown at a level which is not below the minimum flight altitude established by the State whose territory is overflown, or, where no such minimum flight altitude has been established:

(1)

over high terrain or in mountainous areas, at a level which is at least 600 m (2 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft;

(2)

elsewhere than as specified in (1), at a level which is at least 300 m (1 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft.

(c)Change from IFR flight to VFR flight
(1)An aircraft electing to change the conduct of its flight from compliance with the instrument flight rules to compliance with the visual flight rules shall notify the appropriate air traffic services unit specifically that the IFR flight is cancelled and communicate thereto the changes to be made to its current flight plan.
(2)When an aircraft operating under the instrument flight rules is flown in or encounters visual meteorological conditions it shall not cancel its IFR flight unless it is anticipated, and intended, that the flight will be continued for a reasonable period of time in uninterrupted visual meteorological conditions.

SERA.5020 IFR — Rules applicable to IFR flights within controlled airspace

(a)IFR flights shall comply with the provisions of Section 8 when operated in controlled airspace.
(b)An IFR flight operating in cruising flight in controlled airspace shall be flown at a cruising level, or, if authorised by ATS unit to employ cruise climb techniques, between two levels or above a level, selected from the table of cruising levels in Appendix 3, except that the correlation of levels to track prescribed therein shall not apply whenever otherwise indicated in air traffic control clearances or specified by the competent authority in aeronautical information publications.

SERA.5025 IFR — Rules Applicable to IFR flights outside controlled airspace

(a)Cruising levels

An IFR flight operating in level cruising flight outside of controlled airspace shall be flown at a cruising level appropriate to its track as specified in the table of cruising levels in Appendix 3, except when otherwise specified by the competent authority for flight at or below 900 m (3 000 ft) above mean sea level.

(b)Communications

An IFR flight operating outside controlled airspace but within or into areas, or along routes, designated by the competent authority in accordance with SERA.4001(b)(3) or (4) shall maintain an air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the air traffic services unit providing flight information service.

(c)Position reports

An IFR flight operating outside controlled airspace and required by the competent authority to maintain an air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the air traffic services unit providing flight information service, shall report position, as specified in SERA.8025 for controlled flights.

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