CAA to prosecute all Class A infringements?
Moderators: John Dean, Moderator
CAA to prosecute all Class A infringements?
From Flyer;
"A word to the wise.. The CAA is hardening it's stance on airspace infringements to the point where the number of prosecutions is likely to rise. I've been told by senior figures in CAA that henceforth any infringement of Class A airspace will land you in court. Up to now the CAA have been prepared to be flexible, especially if you have displayed good airmanship by squawking. But now it doesn't matter if you if you've just dipped your wing into the zone you are for the high jump."
Anybody confirm this is the case?
Rod1
"A word to the wise.. The CAA is hardening it's stance on airspace infringements to the point where the number of prosecutions is likely to rise. I've been told by senior figures in CAA that henceforth any infringement of Class A airspace will land you in court. Up to now the CAA have been prepared to be flexible, especially if you have displayed good airmanship by squawking. But now it doesn't matter if you if you've just dipped your wing into the zone you are for the high jump."
Anybody confirm this is the case?
Rod1
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I try not to routinely butt in on the forums wearing my NATS hat but I feel, in this case, it may be valuable to post some facts around the issue now we have confirmed CAA policy and the reasoning behind AOPAs article in FLYER.
There is no change with regard to CAA policy and prosecutions.
Giles Porter (Head of Flight Operations GA) took the opportunity to reaffirm to the audience at last night's CAA (GASCo) Safety Evening at Shoreham, that all parties involved in the Airspace and Safety Initiative (including CAA, NATS, AOPA and the LAA) remained completely committed to the concept that education rather than prosecution was always preferable in relation to airspace infringements in all but a few exceptional cases.
Additionally, Air Regulation Enforcement (ARE) confirmed that they said to Martin Robinson (AOPA) that any infringement of airspace which has resulted in significant disruption to commercial traffic will be investigated with a view to a prosecution. The initiation of that investigation is only normally commenced when reporting controller has alleged a serious breach of air navigation legislation. This has always been the case and remains so.
NATS operates a Just Culture and as such would always advocate education and understanding of any airspace infringement to help prevent a future occurrence. We have clear evidence, as an Air Navigation Service Provider, that this policy is both fair, effective and productive. We would see no reason to alter that policy or strategy when airspace infringement numbers have recently fallen significantly for the first time in several years.
I would like to clarify one item with regard to the operation of transponders. NATS feel that the operation of a transponder in combination with altitude information (when equipped) offers significant protection to the crew of the equipped aircraft and to the crew and passengers of TCAS equipped aircraft which come into conflict, whether inside or outside of controlled airspace. The emission of data from these airframes also enables many other 'safety nets' in the air traffic system and as such NATS regard the decision of a crew of a transponder equipped aircraft not to operate a transponder or to switch off the transponder in flight (except in some very specific circumstances) as negligent despite the fact that national legislation may not require the operation of the equipment. This may be regarded by some as harsh or draconian but does acknowledge the clear and obvious safety benefit that NATS observe from the routine use of transponders to help keep the busy skies we all strive to share, safe.
There is no change with regard to CAA policy and prosecutions.
Giles Porter (Head of Flight Operations GA) took the opportunity to reaffirm to the audience at last night's CAA (GASCo) Safety Evening at Shoreham, that all parties involved in the Airspace and Safety Initiative (including CAA, NATS, AOPA and the LAA) remained completely committed to the concept that education rather than prosecution was always preferable in relation to airspace infringements in all but a few exceptional cases.
Additionally, Air Regulation Enforcement (ARE) confirmed that they said to Martin Robinson (AOPA) that any infringement of airspace which has resulted in significant disruption to commercial traffic will be investigated with a view to a prosecution. The initiation of that investigation is only normally commenced when reporting controller has alleged a serious breach of air navigation legislation. This has always been the case and remains so.
NATS operates a Just Culture and as such would always advocate education and understanding of any airspace infringement to help prevent a future occurrence. We have clear evidence, as an Air Navigation Service Provider, that this policy is both fair, effective and productive. We would see no reason to alter that policy or strategy when airspace infringement numbers have recently fallen significantly for the first time in several years.
I would like to clarify one item with regard to the operation of transponders. NATS feel that the operation of a transponder in combination with altitude information (when equipped) offers significant protection to the crew of the equipped aircraft and to the crew and passengers of TCAS equipped aircraft which come into conflict, whether inside or outside of controlled airspace. The emission of data from these airframes also enables many other 'safety nets' in the air traffic system and as such NATS regard the decision of a crew of a transponder equipped aircraft not to operate a transponder or to switch off the transponder in flight (except in some very specific circumstances) as negligent despite the fact that national legislation may not require the operation of the equipment. This may be regarded by some as harsh or draconian but does acknowledge the clear and obvious safety benefit that NATS observe from the routine use of transponders to help keep the busy skies we all strive to share, safe.
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Thank you Jonathan for clearing up this matter. I am delighted to hear that CAA has not decided to change what has proved to be an effective policy of education rather than prosecution with regard to infringement. The very positive reduction in infringements seen in 2010, the first reduction for many years, is a real feather in the cap to NATS and the CAA for taking a pro-active approach to the problem after too many years of refusing to accept that there were issues on both sides rather than it being wholly a GA pilot problem. Well done to you and your team for the foresight in intiatives like the Aware GPS, and the forthecoming Prepare planning software.