20170404-CAP774 - UK FIS - Edition 3
20170404-CAP774 - UK FIS - Edition 3
20170404-CAP774 - UK FIS - Edition 3
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Contents
Provision 23
Flight rules and meteorological conditions 23
Identification 23
Traffic information 24
Deconfliction 25
Terrain 25
Headings 25
Levels 25
Chapter 3 27
Traffic Service 27
Definition 27
Provision 27
Flight rules and meteorological conditions 27
Identification 27
Traffic information 28
Deconfliction 28
Terrain 29
Headings 29
Levels 29
Chapter 4 31
Deconfliction Service 31
Definition 31
Provision 31
Flight rules and meteorological conditions 31
Identification 31
Traffic information 32
Deconfliction 32
Terrain 33
Headings 35
Levels 35
Chapter 5 37
Procedural Service 37
Definition 37
Provision 37
Flight rules and meteorological conditions 38
Identification 38
Traffic information 38
Deconfliction 39
Terrain 40
Lateral, longitudinal and time restrictions 40
Levels 40
Approach clearances and holding instructions 40
Appendix A 41
Duty of care 41
Background 41
Common law 41
Establishing whether a duty of care is owed 42
How should the duty of care be discharged? 42
Vicarious liability and indemnity for acts in the course of employment 43
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Revision history
Section Subject
Section Subject
General The term ‘service’ was replaced with ‘ATS’ where appropriate.
The RT phraseology Annex was deleted as all now contained in CAP 413.
ATS Principles Guidance added regarding the ability for surveillance systems to detect aircraft.
Added guidance text on reduced traffic information and deconfliction advice for
SSR Alone service.
Deconfliction Service Additional guidance on the provision of a Deconfliction Service in high traffic
density.
Potential to encounter conflicting traffic unknown to ATC and need for pilots
to comply with Rules of the Air.
Basic Service Significant change made regarding guidance on the provision of traffic
information.
Traffic Service Guidance on pilot responsibility for collision avoidance when being
provided with levels by ATC.
ATS principles
Various amendments to meet Reg (EU) 923/2012 (Standardised
Basic Service
European Rules of the Air) and to implement the replacement of Class F
Traffic Service airspace within the UK by Class E airspace.
Deconfliction Service
Procedural Service
Section Subject
Section Subject
Glossary Removal of content following publication of CAP 1430 the UK Air Traffic
Management Vocabulary.
Foreword
1. In the UK, Air Traffic Services (ATS) are provided by many civilian and military
ATS providers to a variety of airspace users including Commercial Air Transport
(CAT) operators, General Aviation (GA) and military pilots. The suite of ATS
detailed in this document together form the UK Flight Information Services
(FIS). These ATS (excluding aerodrome ATS) are the only ATS provided
outside controlled airspace within the UK Flight Information Region (FIR).
Therefore this document is equally applicable to all civilian and military pilots,
who operate in Class G airspace, and to all controllers/Flight Information
Service Officers (FISOs) who provide an ATS to them. Where notified, elements
of the UK FIS are also provided to aircraft operating in Class E airspace and in
airspace where the background airspace classification may be other than Class
G, e.g. active Managed Danger Areas (MDA) and Temporary Reserved Areas
(TRA).
provide a single set of clearly defined procedures for use by all controllers/
FISOs and pilots;
ensure that the responsibilities of the controller/FISO and the pilot are
clearly defined, particularly with regard to duty of care, collision avoidance
and terrain clearance; and
3. ICAO defines FIS as ‘a service provided for the purpose of giving advice and
information useful for the safe and efficient conduct of flights’. Within the UK,
the scope of FIS, as defined in ICAO Annex 11, and transposed into European
Law through Implementing Regulation (EU) No. 923/2012, is met through the
application of any of the UK FIS. However, additional information and/or advice
to airspace users are provided to meet their specific requirements in UK Class
G airspace, and ICAO/SERA requirements for the provision of traffic information
as far as practical to VFR flights in Class E airspace. The suite of ATS together
form the UK FIS as detailed in this document.
Document structure
Interpretation of words
‘will’ is used for informative or descriptive writing, e.g. ‘pilots will file…’, is not an
instruction to the controller.
6. Definitions and abbreviations used in this document are defined within CAP
1430 the UK Air Traffic Management (ATM) Vocabulary.
Gender
Duty of care
Regulatory oversight
9. Regulatory oversight of CAP 774 is the joint responsibility of the CAA and MAA
and any amendment to these procedures is subject to joint agreement being
reached.
Enquiries
Any enquiries about the content of CAP 774 should be addressed to:
Civilian enquiries: The Editor - CAP 774, Intelligence, Strategy and Policy, Safety &
Airspace Regulation Group, Aviation House 2W, Gatwick Airport South, West Sussex,
RH6 0YR
E-mail: [email protected]
Military enquiries:
MAA, Regulatory Publications Team, #5102 Level 1, Juniper Building, MOD Abbey Wood
(North), Bristol, BS34 8QW
e-mail: [email protected]
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Chapter 1
ATS Principles
Introduction
1.1 It is essential that the ATS Principles are read in conjunction with the specific
ATS as they underpin and apply equally across the suite of UK FIS.
1.2 Regardless of the ATS being provided, pilots are ultimately responsible for
collision avoidance and terrain clearance. ATS provision is constrained by the
nature of the airspace environment in which the flight takes place. It is not
mandatory for a pilot to be in receipt of an ATS in Class E/G airspace and this
generates an unknown traffic environment in which controller/FISO workload
cannot be predicted and where pilots may make sudden manoeuvres, even
when in receipt of an ATS.
Duty of care
1.3 Nothing in this CAP prevents controllers from using their own discretion,
initiative and professional judgement in response to unusual circumstances,
which may not be covered by the procedures herein. In dealing with any such
situations, controllers/FISO shall take account of the duty of care requirements
at Appendix A.
The nature of the ATS task in providing the UK FIS means that it is not possible
to be totally prescriptive about all actions to be taken, particularly with regard to
unknown traffic and the passing of advice and warnings on high risk conflictions
to pilots who have requested Basic Service and Traffic Service. Consequently,
there is a need for controllers/ FISOs to remain free to use their professional
judgement to determine the best course of action for them to take for any
specific situation.
The ATS
1.4 The specific ATS (Basic Service, Traffic Service, Deconfliction Service,
Procedural Service) are designed to cater for a wide variety of airspace users
and tasks and shall be consistently applied by controllers/FISOs and complied
with by pilots.
The UK FIS specify the varying degrees of traffic information and deconfliction
instructions or advice that controllers/FISOs pass to assist the pilot in
discharging his responsibility for collision avoidance. The ATS definitions also
include terrain clearance requirements in order for specific ATS to be provided
and the occasions when controller/FISOs shall not provide headings or levels.
The conditions for the provision of deconfliction in Class G airspace and ATS in
Class E airspace are predicated on flight rules. Deconfliction Service and
Procedural Service are only available to flights in Class G airspace operating
under IFR. Basic Service and Traffic Service are available to flights in Class G
airspace operating under both IFR and VFR and in Class E airspace operating
under VFR.
ATS provision
1.5 Controllers shall make all reasonable endeavours to provide the ATS that a pilot
requests. However, due to finite ATS provider resources or controller workload,
tactical priorities may influence ATS availability or its continued provision.
Therefore, a reduction in traffic information and/or deconfliction advice may
have to be applied, and in some circumstances an alternative ATS may have to
be provided in order to balance overall ATS requirements. FISOs are not
licensed to provide Traffic Service, Deconfliction Service, or Procedural Service.
Therefore, pilots are not to request any of these ATS from a FISO unit.
FISO units are established to provide ATS at notified aerodromes and Area
Control Centres (ACC), and can be identified by the RTF suffix ‘Information’,
e.g. ‘London Information’.
Compliance requirements
1.6 The ATS definitions and conditions described in this document are inherently
agreed as part of the request for, and provision of, that ATS. Instructions issued
by controllers/FISOs to pilots operating outside controlled airspace are not
mandatory; however, the ATS rely upon pilot compliance with the specified
terms and conditions so as to promote a safer operating environment for all
airspace users.
Agreements
1.7 Agreements can be established between a controller (not a FISO due to limits
of the licence) and a pilot on a short-term tactical basis, such that the operation
of an aircraft is laterally or vertically restricted beyond the core terms of the
Basic Service or Traffic Service. This is for the purposes of co-ordination and to
facilitate the safe use of airspace, particularly those airspace users with more
stringent deconfliction requirements. In agreeing to a course of action, pilots
must take into account their responsibilities as defined under the Rules of the
Air, including that for terrain clearance. Unless safety is likely to be
compromised, a pilot shall not deviate from an agreement without first advising
and obtaining a response from the controller. Controllers shall remove
restrictions as soon as it is safe to do so.
Agreements may be made which restrict aircraft to a specific level, level band,
heading, route, or operating area.
Controllers should be aware that not all requests for an agreement will be
accepted and they should try to take account of the pilot’s operating
requirements whenever possible. Consequently, controllers should avoid
excessive or unnecessary use of agreements and be prepared to act
accordingly if an agreement is not met.
1.8 A pilot shall determine the appropriate ATS for the various phases and
conditions of flight and request that ATS from the controller/FISO. If a pilot fails
to request an ATS, the controller/FISO should normally ask the pilot to specify
the ATS required, apart from the following circumstances:
Where ATC are unable to provide the full range of UK FIS to aircraft about
to leave controlled airspace, a controller should specify the ATS that are
available.
1.9 Fundamental to the provision of the UK FIS is the standard application of the
ATS to prevent the boundaries between the ATS becoming confused.
Agreement to provide an ATS and acknowledgement of that level of ATS by a
controller/FISO and pilot respectively, establishes an accord whereby both
parties will abide with the definitions of that ATS as stated herein. Once an
accord has been reached the controller/FISO shall apply that ATS as defined. If
a pilot subsequently requires elements of a different ATS, a new accord shall be
negotiated. Where there is a need for local procedures to be promulgated that
are at variance to CAP 774, these will be subject to regulatory approval.
1.10 There may be circumstances that prevent controllers/FISOs from passing timely
traffic information and/or deconfliction advice, e.g. high workload, areas of high
traffic density, unknown aircraft conducting high energy manoeuvres, or when
traffic is not displayed to the controller or is obscured by surveillance clutter.
Controllers/FISOs shall inform the pilot of reductions in traffic information along
with the reason and the probable duration; however, it may not always be
possible to provide these warnings in a timely fashion.
In high workload situations, which may not always be apparent from RTF
loading, controllers/FISOs may not always be able to provide timely traffic
information and/or deconfliction advice. High workload situations may not
necessarily be linked to high traffic density.
High traffic density can cause difficulty interpreting ATS surveillance system
data and may affect RTF loading or controller/FISO workload to the extent that
the controller/FISO is unable to pass timely traffic information and/or
deconfliction advice on all traffic.
Where aircraft are operating close to the lateral and/or vertical limits of solid
ATS surveillance system cover, or close to a radar overhead, there is the
potential for conflicting traffic to be detected late. Similarly, there is potential for
aircraft to be undetected or detected late in known areas of poor surveillance
Where primary radar is unavailable, and SSR alone is used to provide an ATS,
non- transponding aircraft will not be detected; therefore ATC will not be able to
warn pilots of their proximity.
Alerting service
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Chapter 2
Basic Service
Definition
2.1 A Basic Service is an ATS provided for the purpose of giving advice and
information useful for the safe and efficient conduct of flights. This may include
weather information, changes of serviceability of facilities, conditions at
aerodromes, general airspace activity information, and any other information
likely to affect safety. The avoidance of other traffic is solely the pilot’s
responsibility.
Basic Service relies on the pilot avoiding other traffic, unaided by controllers/
FISOs. It is essential that a pilot receiving this ATS remains alert to the fact that,
unlike a Traffic Service and a Deconfliction Service, the provider of a Basic
Service is not required to monitor the flight.
Provision
2.2 Controllers and FISOs may provide a Basic Service. Controllers may utilise ATS
surveillance system derived information in the provision of a Basic Service. A
FISO shall not utilise surveillance-derived data to provide traffic information
when providing a Basic Service. The use of surveillance equipment by FISOs
for other specific tasks is subject to regulatory approval.
2.3 Basic Service is available under IFR outside controlled airspace in any
meteorological conditions, or under VFR.
Pilots should be aware that Basic Service might not be appropriate for flight in
IMC or where lookout is constrained by other factors, when other ATS are
available.
Identification
Controllers may allocate SSR codes to aircraft in receipt of a Basic Service. The
issuance of such a code does not constitute the provision of a surveillance ATS.
Traffic information
2.5 Given that the provider of a Basic Service is not required to monitor the flight,
pilots should not expect any form of traffic information from a controller/FISO. A
pilot who considers that he requires a regular flow of specific traffic information
shall request a Traffic Service.
2.6 However, where a controller/FISO has information that indicates that there is
aerial activity in a particular location that may affect a flight, in so far as it is
practical, they should provide traffic information in general terms to assist with
the pilot’s situational awareness. This will not normally be updated by the
controller/FISO unless the situation has changed markedly, or the pilot requests
an update.
fast jet reported routing from Smallville to Midtown below altitude 500 feet
2.8 If a controller/ FISO considers that a definite risk of collision exists, a warning
shall be issued to the pilot (SERA.9005(b)(2) and GM1 SERA.9005(b)(2)).
2.9 Whether traffic information has been provided or not, the pilot remains
responsible for collision avoidance without assistance from the controller.
Deconfliction
Terrain
2.11 Basic Service is available at all levels and the pilot remains responsible for
terrain clearance at all times. Agreements may be made with pilots to fly at any
level, without the requirement for a reminder of terrain clearance responsibility
to be passed to the pilot.
Headings
2.12 Unless the pilot has entered into an agreement with a controller to maintain a
specific course of action, a pilot may change heading or routeing without
advising the controller. Other than for the purposes of identification, a controller
shall not issue specific heading instructions; however, generic navigational
assistance may be provided on request. The controller is not obliged to provide
such assistance and the pilot must not rely on its provision as part of a Basic
Service.
Levels
2.13 Unless the pilot has entered into an agreement with a controller to maintain a
specific level or level band, a pilot may change level without advising the
controller/FISO.
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Chapter 3
Traffic Service
Definition
Provision
3.2 A Traffic Service shall only be provided by a controller with access to an ATS
surveillance system.
3.3 Traffic Service is available under IFR outside controlled airspace in any
meteorological conditions, or under VFR. If a controller issues a heading and/or
level that would require flight in IMC, a pilot who is not suitably qualified to fly in
IMC shall inform the controller and request alternative instructions.
Pilots should be aware that a Traffic Service might not be appropriate for flight
in IMC or where lookout is significantly constrained by other factors, when other
ATSs are available.
Identification
3.4 The controller shall identify the aircraft, inform the pilot that he is identified, and
maintain identity. If identity is lost the pilot shall be informed and the controller
shall attempt to re-establish identity as soon as practicable.
Traffic information
3.5 The controller shall pass traffic information on relevant traffic, and shall update
the traffic information if it continues to constitute a definite hazard, or if
requested by the pilot. However, high controller workload and RTF loading may
reduce the ability of the controller to pass traffic information, and the timeliness
of such information.
Deconfliction
Terrain
3.7 Subject to ATS surveillance system coverage, Traffic Service may be provided
below ATC unit terrain safe levels; however, pilots remain responsible for terrain
clearance at all times. Other than when following a notified instrument flight
procedure, a pilot intending to descend below the ATC unit terrain safe level
shall be reminded that he remains responsible for terrain clearance.
Headings
3.8 A pilot may operate under his own navigation or a controller may provide
headings for the purpose of positioning, sequencing, or as navigational
assistance.
3.9 When operating under their own navigation, pilots may alter course as required;
however, unless safety is likely to be compromised, pilots shall not change their
general route or manoeuvring area without first advising and obtaining a
response from the controller.
Levels
3.11 Pilots may select their own operating levels or may be provided with level
allocations by the controller for the positioning and/or sequencing of traffic or for
navigational assistance. If a level is unacceptable to the pilot he shall advise the
controller immediately. Unless safety is likely to be compromised, a pilot shall
not change level or level band without first advising and obtaining a response
from the controller, as the aircraft may be co-ordinated against other airspace
users without recourse to the pilot. Pilots remain responsible for collision
avoidance, even when flying at a level allocated by ATC and shall advise the
controller in the event that they need to deviate from a level in order to comply
with the Rules of the Air with regard to collision avoidance. Levels allocated by
controllers shall be terrain safe in accordance with the ATC unit terrain safe
levels, unless an agreement is reached with the pilot, or such levels form part of
VFR clearance for aerodrome arrival or to enter controlled airspace that by
necessity require flight below the unit terrain safe levels; in such circumstances,
the instruction shall be accompanied by a reminder that the pilot remains
responsible for terrain clearance.
Chapter 4
Deconfliction Service
Definition
Provision
4.3 A Deconfliction Service shall only be provided to flights under IFR outside
controlled airspace, irrespective of meteorological conditions. The controller will
expect the pilot to accept headings and/or levels that may require flight in IMC.
A pilot who is not suitably qualified to fly in IMC shall not request a Deconfliction
Service unless compliance permits the flight to be continued in VMC.
4.4 Pilots operating VFR and requiring an ATS shall request a Basic Service or a
Traffic Service as appropriate to the phase or conditions of flight.
Identification
4.5 The controller shall identify the aircraft, inform the pilot that he is identified, and
maintain identity. If identity is lost, the pilot shall be informed and the controller
shall attempt to re-establish identity as soon as practicable.
Traffic information
4.6 The controller may, subject to workload, pass traffic information on deconflicted
traffic in order to improve the pilot’s situational awareness.
Deconfliction
4.7 A controller shall provide traffic information, accompanied with a heading and/or
level aimed at achieving a planned deconfliction minima against all observed
aircraft in:
Class G airspace;
4.8 Controllers are not required to provide deconfliction advice on aircraft within
adjacent controlled airspace (excepting active TRA/MTA) unless surveillance-
derived or other information indicates that such aircraft are leaving controlled
airspace; however, controllers may pass traffic information.
4.9 Military controllers providing radar to visual recoveries are not required to apply
deconfliction minima against aircraft conducting instrument approaches when
within a MATZ, subject to the conditions specified in the Manual of Military ATM.
Although active TRA and MTA are controlled airspace, autonomous flight is
permitted and UK FIS are provided.
3,000 ft vertically and, unless the SSR code indicates that the Mode C
data has been verified, the surveillance returns, however presented,
should not merge. (Note: Mode C can be assumed to have been verified if
it is associated with a deemed validated Mode A code. The Mode C data
of aircraft transponding code 0000 is not to be utilised in assessing
deconfliction minima).
4.11 The deconfliction minima against aircraft that are being provided with an ATS by
the same controller, or that have been subject to co-ordination, are:
4.12 High controller workload or RTF loading may reduce the ability of the controller
to pass deconfliction advice and the timeliness of such information.
Furthermore, unknown aircraft may make unpredictable or high-energy
manoeuvres. Consequently, it is recognised that controllers cannot guarantee to
achieve these deconfliction minima; however, they shall apply all reasonable
endeavours.
4.13 The pilot shall inform the controller if he elects not to act on the controller’s
deconfliction advice. The pilot then accepts responsibility for initiating any
subsequent collision avoidance against that particular conflicting aircraft.
However, the controller is not prevented from passing further information in
relation to the conflicting traffic, if in his opinion it continues to constitute a
definite hazard.
Terrain
For aircraft being provided with Ground Controlled and Surveillance Radar
Approaches:
If the terrain safe area for the procedure is known to the controller or
indicated on the surveillance display, avoiding action may be passed
without an associated climb instruction, as long as the controller
ensures that the aircraft remains within the terrain safe area, and the
turn instruction is such that the controller considers that the approach
can be continued without the need for repositioning.
If the controller anticipates that the avoiding action turn will result in
flight outside the terrain safe area or the approach not being able to
be completed, a terrain safe level to fly at will also be provided, and
repositioning will be necessary.
When aircraft are in the initial stages of departure or on final approach, due to
limited aircraft manoeuvrability, controllers need to balance the safety impact of
passing deconfliction advice at these critical stages of flight against the risk of
collision presented by conflicting aircraft. Consequently, deconfliction minima do
not apply in these constrained circumstances and avoiding action is instead
aimed at preventing collision. Furthermore, controllers need to be aware of the
high flight deck workload that is likely to be present in the event of avoiding
action which is at variance to the published missed approach procedure being
followed.
Headings
4.15 A pilot may operate under his own navigation or a controller may provide
headings for the purpose of positioning, sequencing, navigational assistance, or
to achieve deconfliction minima. If a heading is unacceptable to the pilot he
shall advise the controller immediately. Unless safety is likely to be
compromised, a pilot shall not alter course without first obtaining approval from
the controller, as the flight profile may have been co-ordinated against other
airspace users without recourse to the pilot.
Levels
4.16 Controllers will normally provide level allocations for positioning, sequencing,
navigational assistance, or to achieve deconfliction minima. If a level is
unacceptable to the pilot, he shall advise the controller immediately. Unless
safety is likely to be compromised, a pilot shall not change level without first
obtaining approval from the controller, as an aircraft’s flight profile may be co-
ordinated against other airspace users without recourse to the pilot.
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Chapter 5
Procedural Service
Definition
Provision
5.2 A Procedural Service shall only be provided by controllers at ATC units with
Regulatory approval to provide such an ATS. Controllers at ATC units that do
not have surveillance information available may routinely apply Procedural
Service to pilots of aircraft carrying out IFR holding, approach and/or departure
procedures without the need to first elicit the pilots’ requirements.
Not all ATC units are able to provide a Procedural Service. However,
Procedural Service is most commonly available from ATC units without
surveillance equipment that also have notified IFR arrival, departure or en-route
procedures. At such units, Procedural Service offers the greatest protection to
pilots.
Subject to Regulatory approval, controllers at ATC units that are equipped with
surveillance equipment may also provide a Procedural Service. This is most
frequently applied to aircraft previously in receipt of a surveillance ATS where
track identity may not be maintained, or when surveillance equipment is not
available.
5.3 A Procedural Service shall only be provided to flights under IFR, irrespective of
meteorological conditions. The controller will expect the pilot to accept levels,
radials, tracks, routes and time allocations that may require flight in IMC. A pilot
who is not suitably qualified to fly in IMC shall not request a Procedural Service
unless compliance permits the flight to be continued in VMC.
Pilots should be aware that under a Procedural Service, high reliance is placed
on the pilot’s ability to accurately follow radial, track, route and time allocations
to achieve planned deconfliction minima. Therefore, pilots who are not able to
accept such allocations should not request a Procedural Service.
Identification
Traffic information
Deconfliction
1,000 ft vertically; or
those lateral and longitudinal criteria listed in CAP 493 as lateral and
longitudinal separation standards.
5.8 High controller workload or RTF loading may reduce the ability of the controller
to pass deconfliction advice, and the timeliness of such information.
5.9 In the event that an aircraft that requires a Procedural Service makes contact
with the controller whilst already within the deconfliction minima, controllers
shall pass traffic information to all affected aircraft. In such circumstances, it is
recognised that controllers cannot guarantee to achieve deconfliction minima;
however, they shall apply all reasonable endeavours to do so as soon as
practical.
5.11 The pilot shall inform the controller if he elects not to act on the controller’s
deconfliction advice, and the pilot then accepts responsibility for initiating any
subsequent collision avoidance against the aircraft in question and any other
aircraft affected. However, the controller is not prevented from passing further
information in relation to the conflicting traffic if in his opinion it continues to
constitute a definite hazard.
Pilots must remain alert to the fact that whilst in receipt of a Procedural Service,
they may encounter conflicting aircraft for which neither traffic information nor
deconfliction advice has been provided. Pilots must still comply with Rules of
the Air with regard to the avoidance of aerial collisions and advise ATC of any
deviation from their clearance in order to do so. Additionally, the adequacy of
ATC deconfliction advice relies on compliance by pilots and, in the non-
surveillance environment, ATC are unable to recognise when pilot position
reports are inaccurate or incorrect.
5.12 Controllers may, subject to workload, initiate agreements (as defined in ATS
Principles) with pilots of aircraft under a Basic Service to restrict their flight
profile in order to co-ordinate them with aircraft in receipt of a Procedural
Service. However, controllers shall limit the occasions on which they make such
agreements to those where it is clear that a confliction exists, and only when
controller workload permits.
Terrain
5.13 A Procedural Service is available at all levels and the pilot remains wholly
responsible for terrain clearance at all times. However, if a pilot wishes to
operate below ATC unit terrain safe levels, unless on departure from an
aerodrome when climbing to the ATC unit’s terrain safe level, or when following
notified instrument approach procedures, controllers shall advise the pilot of the
terrain safe level and remind him of his terrain responsibilities.
5.14 A controller may provide radials, tracks, routes or time restrictions, for the
purpose of positioning, sequencing, navigational assistance, or to achieve
deconfliction minima. If a radial, track, route or time restriction is unacceptable
to the pilot, he shall advise the controller immediately. Unless safety is likely to
be compromised, a pilot shall not change radial, track, route or time restriction
without first obtaining approval from the controller, as the flight profile may have
been co-ordinated against other airspace users without recourse to the pilot.
Where a controller uses geographical or airspace reporting points to determine
and provide lateral deconfliction between flights, the pilot shall ensure, to the
best of his ability, that requested or required position reports are accurate.
Levels
5.15 Controllers will normally provide level allocations for positioning, sequencing,
navigational assistance, or to achieve deconfliction minima. If a level is
unacceptable, the pilot shall advise the controller immediately. Unless safety is
likely to be compromised, a pilot shall not change level without first obtaining
approval from the controller, as an aircraft’s flight profile may be co-ordinated
against other airspace users without recourse to the pilot.
APPENDIX A
Duty of care
Background
Common law
A2 ‘Common law’ is a judge-made law, which has built up through the courts over
the centuries; it is distinct and separate from laws made by statute (i.e. Acts of
Parliament). Under common law a person is under a general obligation to take
reasonable care to avoid acts or omissions that he can reasonably foresee as
being likely to damage something or injure someone to whom he owes a duty of
care. If there is a breach of this general obligation and damage or “loss” results,
the person who has been injured or suffered property damage will be able to
make a “negligence claim” for compensation. For a negligence claim to be
viable, a claimant must prove that:
a person has been negligent (i.e. has failed to take reasonable care); and
the negligent person owed a duty of care to the claimant who has suffered
loss or injury.
Common law is applicable to ATS personnel in the delivery of their core work
task, in the same way that it is applicable to all other professions and members
of the public in their general conduct and day-to-day activities.
A3 To decide if a duty of care is owed by one person to another, the courts will
consider the three criteria which were set out in the 1990 case of Caparo
Industries v Dickman:
Second, there must be “proximity” between the claimant and the person
who has been negligent. This means that the person who is alleged to
have been negligent was in a position to exercise some control over the
events that have led to the claimant’s loss.
Controllers/FISOs clearly owe duty of care to flight crew, passengers, and the
general public on the ground, in the delivery of an ATS. However, the depth and
boundaries of this duty of care cannot be defined in advance for each specific
scenario and situation, as they will vary depending on the exact circumstances
at the time, including: the type of airspace, type of ATS, dynamics of the
situation (i.e. how ‘foreseeable’ was the event?). The only time that these
factors will ultimately be decided upon is in court when examining the specifics
of the situation under scrutiny.
A4 Establishing whether or not there is a duty of care is however only the first step.
The next question is how to discharge that duty of care (i.e., how careful do you
have to be?). Although every case depends upon its particular facts, there is
one key question that normally arises: is there any relevant set of standards or
procedures? If there is, the issue of whether or not a person has discharged his
duty of care is likely to be heavily influenced by whether or not he has complied
with those relevant standards and procedures. If there are no relevant
standards or procedures, it may be more difficult to establish whether or not a
person has acted appropriately.
use their professional judgement to determine the best course of action for them
to take for any specific situation.
A5 An employee will be indemnified by their employer if they are sued under a civil
claim of negligence for anything they do (or fail to do) as part of the proper
fulfilment of their duties as an employee. In addition, the employer is in any
event generally liable for the acts and omissions of its employees (known as
“vicarious liability”). However, an individual employee remains personally
responsible so far as any criminal, regulatory or employment consequences are
concerned. What this means is that anyone who thinks they have suffered
damage as a result of something done by an employee in the course of their
employment has choices: they can sue that employee as an individual; they can
sue the employer; or sue both the individual and the employer. If the individual
is sued, either alone or jointly with the employer, for anything they do (or fail to
do) as part of the proper fulfilment of their duties as an employee, that
employee is entitled to look to the employer to indemnify him.
ATS providers need to have an ongoing process to provide assurance that they
have taken all reasonable steps to ensure their staff are meeting their duty of
care requirements. The effective implementation and use of Quality and Safety
Management Systems are means of generating such assurance.
In addition to ATS providers, the CAA/MOD also discharge a Duty of Care in the
way it exercises its regulatory duties, which include establishing and monitoring
ATS standards.
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