Now let’s look at it differently. Say P2 was not there, so you just flew past the corner of P1, just touching it. Would that be enforced? I don’t think so.
Almost certainly not. Then you could rightly argue that it’s class G under ICAO, but also you’re having to argue about the accuracy of the radar reading. Even Dave’s 300mtrs is enough of an error margin to put you into class G :)
That ICAO rule that is referenced here applies only to airspaces adjoining vertically, at least in Belgium it does.
Where ATS airspaces with a different class of airspace adjoin vertically, flights at a common level shall comply with the requirements of, and will receive the services applicable to, the less restrictive class of airspace (class B is considered less restrictive than class A; class C is considered less restrictive than class B; etc.)
By the way: its even WORSE if radar is not precise enough. Because in this scenario your are inside one of the airspaces for sure if radar doesn’t show a precise position.
There is international precedent to consider that you don’t bust. I distinctly remember reading that commercial flights do that flying “precisely at the limit” between the Jeddah FIR (EOJD) and one or several of the Cairo (HECC)/Khartoum (HSSS)/Asmara (HHAA) FIRs, at one level northbound and another southbound, broadcasting information messages, but being controlled/cleared by neither side. I can’t find back my source now…
I kid you not. I also wouldn’t advise that this precedent would hold up in court in Europe.
