To what extent is the AIP legally binding?

Snoopy wrote:

Entering controlled airspace without clearance in Austria, for instance, is most provably breaking „only“ „administrative law“.

Well it’s same in UK under “CAA just culture policy”, if you are not happy with that you can it to criminal courts…

That’s not correct. The UK policy is not in any way related to “just culture”; that is just a bollox name they use in all the texts, to make it sound nice. Aviation law here is entirely criminal law. The fact that most offences don’t send you to a court doesn’t change that.

As a matter of interest, what law in the UK makes entering controlled airspace without a clearance a criminal offence?
I can see you have broken the rules. And I can see how CAA can sanction a pilot for breaking those rules, but which of those rules have been passed into law to make them a criminal offence or even a civil offence?

all aviation regs are criminal law.

No they aren’t. Violation of aviation regulations can carry either civil or criminal penalties e.g. France summarises penal violations under Code des Transports 6232-1 to 13, where the only penal airspace violation is the ZIT penetration. The US codifies criminal violations under 49 USC (ss. 46306, 46308-46316, 40113, 46501-46507) – none of which have to do with airspace violation either.

Always works

gallois wrote:

As a matter of interest, what law in the UK makes entering controlled airspace without a clearance a criminal offence?
I can see you have broken the rules. And I can see how CAA can sanction a pilot for breaking those rules, but which of those rules have been passed into law to make them a criminal offence or even a civil offence?

Things may go beyond controlled airspace (some Danger Areas in UK are not controlled airspace but they still have prohibition to enter without clearance)

In UK, breach of ANO is always “criminal law”, however, CAA has put proposal on list of Arts eligible for “civil/administrative sanction”

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/456410/annex-a-proposed-penalties-for-offences.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/560525/civil-sanctions-aviation-offences-official-government-response.pdf

In France, you can also argue if airspace was created by DGAC/ATC in some “AIP/SUP info” or it has some underlying serious legal instrument behind it “arrete de ministere de l’interieur or de la defense…”

All roads lead to" legislation.gov.uk".
Basically the same system as can be found in France. A lot to look through and still haven’t found airspace infringements yet.
CAA publication on Air navigation 2016 says that their publication is not the complete picture and links to the above.

still haven’t found airspace infringements yet.

The route, in every country, is likely to be along the lines of:

• look up which airspace class requires a clearance (ICAO)
• look up which national law implements ICAO (taking into account differences e.g. the US not needing a clearance for D if there is 2-way radio contact)
• look up where the airspace definitions are published (in the UK and probably most places, this will be a list of coordinates in the AIP)

Then the logic will be that going into Class A-D without a clearance (or E under IFR; this is a case for another thread ) is a criminal offence.

Air Navigation Order 2016, Part 10. In particular, 265 Offences and Penalties sets out the level of penalties for offences, and 249 makes not following the rules of the air an offence.