Rules of the Air

History

6.1 Education. The rules of the air, like the rules of the road, have evolved as aviation has advanced. Initially, aircraft flew without radios (radio hadn’t been invented or when it had, there wasn’t an aeroplane big enough to carry the equipment!). Simple rules evolved to attempt to reduce the risk of collisions. Remember, in 1920 an aeroplane flying at 80 or 90 kt was travelling at a previously unimagined speed. Visual signals were required at aerodromes to convey information to pilots and procedures evolved to allow orderly flight in the vicinity of aerodromes and to permit visual navigation en route. Between the 1920s and WWII, individual states passed legislation to enforce the rules that had become established in those states. With the expansion of commercial aviation during and after the war, the need for standardization in the rules was evident and this was one topic that was seriously addressed at Chicago in 1944.

Applicability of the Rules of the Air

6.2 Annex 2. Annex 2 of the Chicago Convention details the ICAO Rules of the Air. As mentioned above, the rules were primarily written in the early days for non-radio traffic and some of the requirements may now seem out of date. However, there is still a considerable amount of non-radio traffic in general aviation and those airmen are equally entitled to the protection afforded to commercial air transport, and of course, there is always the possibility of communication failure. The ICAO Rules of the Air apply to aircraft bearing the nationality and registration marks of an ICAO Contracting State, wherever they may be, providing they do not conflict with the rules published by the State having jurisdiction of the territory overflown. The ICAO Council resolved in adopting Annex 2 in April 1948 and Amendment 1 in November 1951, that the ICAO Rules apply without exception over the high seas. (High Seas are defined as the areas of sea outside the territorial limits of any State.) When an aircraft is flying within the airspace of the state of registration, the rules of the air of that state (in the UK as published in CAP 393 - The ANO) are applicable. Indeed, for a UK registered aeroplane, the UK rules apply wherever the aeroplane is flown providing there is no confliction with local rules. Where a UK registered aircraft is flying over a foreign state, the rules of the air of that state apply. Do not confuse Rules with Law! The application of the rules can be summarized thus:

• UK registered aircraft over the UK - UK rules apply

• UK registered aircraft over France - French and UK rules apply (French have priority)

• UK registered aircraft over the high seas - ICAO rules apply without exception

6.3 Applicable Rules. The operation of an aeroplane either in flight or on the movement area of an aerodrome is to be in accordance with the general rules and, when in flight, either:

•The visual flight rules (VFR), if the aircraft is flown in visual meteorological conditions (VMC)

or

•The instrument flight rules (IFR)

6.4 IFR or VFR? A pilot may elect to fly in accordance with the Instrument Flight Rules in VMC (he/she may be required to do so by the ATS Authority in certain circumstances). A pilot must fly in accordance with the IFR in IMC. If a pilot elects to fly VFR he/she must do so only where VMC exist.

Rules of the Air 6

* Visibility may be reduced commensurate with aircraft speed

Clear of cloud and in sight of the ground (CCISG)