Rules of the air and command

Which rules apply?

Start with the territory and the flight rules, not the operator’s nationality.

Annex 2 and SERA

Annex 2 establishes the international rules of the air, including general rules, VFR, IFR and signals. SERA implements common European rules of the air and associated operational provisions under Regulation 923/2012, including ATS requirements, communications and surveillance procedures. National provisions and notified differences still need to be checked where permitted or required.

An aircraft follows the rules applicable in the territory where it flies. Over the high seas the ICAO rules apply. Rules of the State of Registry may also apply insofar as they do not conflict with the territorial State’s rules. An ATC clearance does not waive the applicable rules of the air.

General and specific rules

Every flight follows the applicable general rules plus either VFR or IFR. VMC is a meteorological condition; VFR is a set of rules. An IFR flight can be in VMC, and a visual approach remains an IFR operation unless IFR is properly cancelled.

Do not select a rule from the weather alone. Identify the flight’s clearance and rules, the airspace, the location and any published restrictions. Then assess whether the weather permits the proposed operation.

The PIC’s authority and responsibility

Control responsibility and command responsibility coexist.

Responsibility and emergency deviation

The PIC is responsible for operation in accordance with the rules of the air, whether personally manipulating the controls or not. The PIC has final authority over the disposition of the aircraft while in command. Departure from the rules is permitted only when absolutely necessary in the interests of safety under the applicable emergency provision.

A safety deviation is limited to the necessity; it is not a general exemption from inconvenient rules. Advise ATS as soon as circumstances permit when an emergency requires departure from a clearance, and complete the required reporting. A clearance that is unsuitable should be challenged with an alternative request.

Preparation and fitness

Before flight the PIC becomes familiar with all available information appropriate to the operation. IFR flights and flights away from an aerodrome’s vicinity require careful study of current weather reports and forecasts, fuel requirements and an alternative course of action if the flight cannot be completed as planned.

A safety-sensitive person must not perform the function while under the influence of psychoactive substances that impair performance. The prohibition concerns the effect on safe performance; an airline alcohol limit is not permission to fly when otherwise impaired. Fatigue, medication and illness also require a fitness decision.

Can you apply the rules?

Four original questions. Choose from the facts, then review the explanation.