Quick question: just recently I did a survey flight over the city centre of Amsterdam within the CTR of Schiphol Airport. For that, I had to file a survey flight document with ATC that they approved. I had a reporter and photographer on board of a Dutch newspaper. We had defined 2 target points in our survey flight, one of them being the centre of Amsterdam. When we flew within the CTR boundaries from target one to the next one, Schiphol Tower instructed us to stay below 500 feet and east of the Amstel river in our flight towards the second target point. That way, we would stay below the ILS area and would not bother incoming traffic. While flying to the centre of Amsterdam, we had the airliners flying overhead with now too much of a vertical separation.
So, now here is the question. We are flying within the Schiphol CTR which goes from surface to 3000 feet. As a general rule, I am not allowed to fly over cities below 1000 feet. I am instructed to stay below 500 feet. Is that something ATC can do?
Of course, I did follow the instructions of ATC and we had a great opportunity to shoot some photos for the article in the Dutch newspaper.
The question now arises as to how legal it is to fly that low over the city and if ATC can give you instructions like that. Not that I am lying awake :-) at night from flying low in a twin-engine aircraft over the city, but now that some people ask, I am curious if someone can help me out find the answer.
I think it is a general rule that ATC can allow or even instruct you to do things contrary to written rules. Just like, when driving or walking, police can order you to go on even if there’s a red light.
For one example, check EBP01, it is a prohibited area covering Brussels city centre up to very high, but is crossed by airliners every day.
I quote from the Netherlands AIP (GEN 1.7), very similar elsewhere (my emphasis through underlining):
4.6 ’(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;
The “competent autority” in this case is ATC.
The “competent autority” in this case is ATC.
Isn’t “competent authority” EASA speak for the national NAAs? You find it everywhere in the regulations when they mean the CAA/LBA/DGAC etc.
Thanks!
Yes, but – as discussed here before – the word “permission” is usually associated with an act prior to flight. What ATC does is give out “clearances”.
AeroPlus wrote:
For that, I had to file a survey flight document with ATC that they approved.
was the low flight documented in the survey document? Hence did someone from a CAA office do a safety assessment and (as a competent authority) say that it’s ok to fly some portion of the flight below the legal minima?
If not, personally I would not fly so low. 
Rwy20 wrote:
Isn’t “competent authority” EASA speak for the national NAAs? You find it everywhere in the regulations when they mean the CAA/LBA/DGAC etc.
That’s my understanding also. Only the national aviation authority can give permission to fly 500 ft above a city. Besides, it’s none of their business. Their business is to avoid collisions and make the traffic go smooth.
AeroPlus wrote:
As a general rule, I am not allowed to fly over cities below 1000 feet. I am instructed to stay below 500 feet. Is that something ATC can do?
Don’t try this in France. In a twin the minimum altitude above any built-up area is 3300 feet!
I don’t believe that ATC can exempt you from the low flying rules.
It’s also my understanding that the “Competent Authority” is the National Aviation Authority, not ATC.
To make matters worse, ATC can issue a clearance, but it’s up to the pilot to say if they can’t follow it. I’ve had ATC explain to me in the past that they often issue clearances over the city where they suspect that the pilot couldn’t comply with the safe landing with the loss of the engine rule, but that they consider it up to the pilot to tell them if they can’t comply.
