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Is the UK legal to descend you below CAS and quietly remove the IFR clearance?

From here

Peter wrote:

… and then you are a VFR flight

Could you please stop saying that. I know what you mean, but new readers not used to the UK system may think you mean it literally.

Last Edited by Airborne_Again at 13 Mar 07:44
ESKC (Uppsala/Sundbro), Sweden

You are a VFR flight in that you have no IFR clearance.

The flight has been scrapped for today so I can’t report on the actual sequence but I will do it soon. I’ve done it enough times in the past, and you do just get dropped.

This happens normally. The reason for my original posting is to highlight that the Eurocontrol Route Suggest feature is doing OCAS routes.

Do you have an explanation, Airborne_Again?

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

You are a VFR flight in that you have no IFR clearance.

No, you’re not! You’re an uncontrolled IFR flight. What I suppose you mean is that you’re given the same services as if you were a VFR flight. That’s true but it doesn’t mean that you are a VFR flight.

ESKC (Uppsala/Sundbro), Sweden

DavidC wrote:

You will of course be squawking 2000 now when outside controlled airspace. I had my first “Squawk Conspicuity”

7000 and 2000 (or other from ATC) is apparently the difference between IFR and VFR outside Class A & D

Paris/Essex, France/UK, United Kingdom

Peter wrote:

You are a VFR flight in that you have no IFR clearance.

Yes you do. You have the one original issued to you. If the clearance is to your destination via xx route at FLXXX then you are CLEARED to your destination by xx route at FLXXX. Unless you are given an amended clearance (or some sort of clearance limit) that clearance is valid until you reach your destination airport. If ATC hands you off without coordination that’s their issue (and violation?) not yours.

I’ve heard a lot of “It’s the way the UK ATC is set up” but never once seen any concrete documentation (and have asked for in the past) that says an IFR clearance in the UK is any different than in the rest of the world.

I agree with @Airborne_Again. What you say is very confusing (and generates a lot of fear) for those of us never having flown in the UK.

If anything I said is wrong please point me to where in the AIP or a CAP document that says otherwise.

Last Edited by Cttime at 13 Mar 21:45
Sweden

Posts moved to previous discussion.

@Cttime I agree with you that legally you may be right, but it would take somebody with a lot of spare cash and big balls to take this to a court, if they get prosecuted for an infringement.

Especially the bit " If the clearance is to your destination via xx route at FLXXX then you are CLEARED to your destination by xx route at FLXXX" which is a ritual phrase which is right only for the jet business flying totally in CAS.

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

which is a ritual phrase which is right only for the jet business flying totally in CAS.

please elaborate.

Sweden

If you are “cleared to destination” and reaching the destination involves flight OCAS, then you have to navigate to comply with local procedures which govern things near the destination. In most cases, the ATCO reading out your departure clearance has no idea what the local conditions will be like at the other end.

It is possible this situation cannot arise in Sweden but is normal elsewhere.

In Europe, the assumption that you have an implied whole-route clearance is valid all the time you are in the Eurocontrol system.

The ability to prosecute someone may be a different issue

Administrator
Shoreham EGKA, United Kingdom

It has been suggested that those who have been unreasonably denied airspace access could file a FCS 1521 report, to bring to the UK CAA’s attention: https://apply.caa.co.uk/CAAPortal/servlet/SmartForm.html?formCode=fcs1521v2

I have no idea who looks at it and what gets done about it afterwards though.

Prior to filing, it was also suggested that it’s worth having a conversation with the controller after landing, which would help one decide whether the denial of access was reasonable or not.

Last Edited by James_Chan at 14 Mar 00:45

@Cttime I suggest you read this whole thread. It explains the UK position on this.

Administrator
Shoreham EGKA, United Kingdom
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