Proposed changes to VMC minima in class D airspace

Feedback updated 29 Sep 2020

Results updated 29 Sep 2020

Following the introduction of Commission Implementing Regulation (EU) No 923 2012 (the Standardised European Rules of the Air (SERA)), the UK had exempted any aircraft being flown within the UK at or below 3,000 feet (ft) above mean sea level (AMSL) and within class D airspace from the requirements of SERA.5001 (VMC visibility and distance from cloud minima) Table S5-1 and SERA.5005(a) (visual flight rules), subject to specific conditions.

However, the UK’s exemption case had been repeatedly unsupported by EASA and European Commission (EC) (Commission Decisions 2016/7654 and 2019/1957 ), and the EC was expected to be about to launch infringement proceedings against the UK.  Retaining the exemption was thus not a viable option and we were directed by the Department for Transport (DfT) to take steps to withdraw it.  The DfT permitted a continuation of the exemption from September 2018 only to provide time for the CAA to complete activity to implement the SERA VMC visibility and distance from cloud minima.

Between 15 April 2019 and 31 May 2019, we ran a consultation whose purpose was to highlight the need to withdraw the exemption, and to seek the views of stakeholders on a CAA proposal with regards to Special VFR flight.

A number of responses, typically from the private pilot community, expressed a preference to retain the exemption; however, as has been described, this was not a viable option.  Other responses indicated concern over the added complexity of any modification to the special VFR flight arrangements and to the potential impact of such upon air traffic controller workload.  Based on these concerns, we concluded that we should introduce the SERA class D VMC visibility and distance from cloud minima, without change to the current Special VFR provisions as stated in SERA.5010, by allowing ORS4 No 1312 to expire on 27^th March 2020.

Between June 2019 and 27 March 2020, we were in dialogue with the DfT regarding the course of action to take in respect of the exemption.  It was not until the days immediately prior to 27 March 2020 that the final decision was taken by DfT that the exemption would not be renewed and to allow it to expire.