Navigate / EASA

GM3 SERA.8005(b) Operation of air traffic control service

ED Decision 2020/007/R

CLEARANCES TO FLY MAINTAINING OWN SEPARATION WHILE IN VISUAL METEOROLOGICAL CONDITIONS

(a)     The provision of vertical or horizontal separation by an air traffic control unit is not applicable in respect of any specified portion of a flight cleared subject to maintaining own separation and remaining in visual meteorological conditions. It is for the aircraft so cleared to ensure, for the duration of the clearance, that it is not operated in such proximity to other flights as to create a collision hazard.

(b)     It is axiomatic that a VFR flight must remain in visual meteorological conditions at all times. Accordingly, the issuance of a clearance to a VFR flight to fly subject to maintaining own separation and remaining in visual meteorological conditions has no other object than to signify that, for the duration of the clearance, separation from other aircraft by air traffic control units is not provided.

(c)      The objectives of the air traffic control service as prescribed in ATS.TR.100 of Regulation (EU) 2017/373 do not include prevention of collision with terrain. Pilots are responsible for ensuring that any clearances issued by air traffic control units are safe in this respect. When vectoring or assigning a direct routing not included in the flight plan, which takes an IFR flight off published ATS route or instrument procedure, the procedures in ATS.TR.235(a)(5) of Regulation (EU) 2017/373 apply.

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