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Published: 03 March 2024

CAP 413 SI 2024/01: Special Use Airspace Activity Information and Crossing Services

Supplementary Instruction CAP 413 Number: 2024/01 has been published by the UK CAA. The purpose of this Supplementary Instruction (SI) is to detail changes being made to the Radiotelephony Manual (CAP 413) with effect from 22 April 2024.

The SUA Policy Statement amends the terms danger area crossing service (DACS) and danger area activity information service (DAAIS) to SUA crossing service and SUA activity information service. This change necessitates amendment to CAP 413 to ensure that it correlates with the SUA Policy and to provide clarity on what the two services provide.

These changes are largely editorial with little effect on the RT phraseology.

AIP ENR 1.1 Section 5 is undergoing extensive amendment at the next available AIRAC to reflect the introduction of the SUA Policy. For further information, please review the airspace policy statement which can be downloaded from the CAA’s website.

Annex A of this document details the amendments to phraseology that will apply with effect from 22 April 2024.

Details

Published: 15 February 2024

Guidance for temporary and trial airspace change proposals

Following the publication of the revised CAP 1616 airspace change process, the UK Civil Aviation Authority has today published the revised requirements and guidance for temporary and trial airspace change proposals, CAP 1616g.

The requirements and guidance for temporary and trial airspace change proposals have not materially changed but are now all contained within one document with minimal reference required to other CAP 1616 documents. This has made the information more user-friendly, with improved access, clarity, and ability to navigate. As a result, it will now be simpler for change sponsors and stakeholders to better understand what they need to do in the process.

CAP 1616g can be found on the UK Civil Aviation Authority website and will come into force on 18 March 2024. All revised CAP 1616 documents and a statement on transition arrangements can be found on our website.

Any temporary or trial airspace change proposals commenced on or after that date will be assessed against the requirements of the process described in CAP 1616g. All temporary or trial airspace change proposals where an assessment meeting has taken place, and a timeline has been agreed with the CAA, before 18 March 2024 will be assessed against the requirements of the process as described in CAP 1616 version 4.

Details

Published: 13 February 2024

The General Aviation (Flight Information, Persons on Board and Civil Penalties) Regulations 2024 (‘the 2024 regulations’)

It is anticipated that on Saturday 6th April 2024, the 2024 regulations will enter into force. A draft version of the regulations is available online: The General Aviation (Persons on Board, Flight Information and Civil Penalties) Regulations 2024.The General Aviation (Persons on Board, Flight Information and Civil Penalties) Regulations 2024.

Which flights do the 2024 regulations apply to?

The 2024 regulations apply to all General Aviation aircraft making international flights who are expecting to arrive in and depart from the UK (including within the Common Travel Area).

What do the regulations mean for pilots, owners and operators?

International GA flights that are arriving in or departing from the UK will be required to be submit information online about the flight and persons on board (both passengers and crew), no earlier than 48 hours and no later than 2 hours prior to the expected time of departure.

General Aviation Reports emailed directly to Border Force will not be compliant and will not be accepted.

What are the acceptable online submission methods?

The information is to be provided online using one of the following methods:
1. The Government’s free-to-use submit a GAR ‘sGAR’ webservice;
2. *Via an approved existing third-party application; or
3. If you are a business operator, established direct connections to Home Office systems can also be used.

Civil Penalties

Border Force will be operating a civil penalty regime that will underpin the 2024 regulations. Failing to comply with the 2024 regulations may result in a civil penalty of up to £10,000 per breach. Complete guidance on the civil penalty regime will be available on gov.uk in due course.

* Typically, these are private member subscriptions to applications such as Airbox, Cloud Aviation, Online GAR, Sky Demon and Rocket Route. However, a full published list of acceptable third-party applications will be published on gov.uk.

Details

Published: 12 February 2024

Publication of CAA Policy for the Establishment and Operation of Special Use Airspace

The CAA has published a Policy for the Establishment and Operation of Special Use Airspace. Special Use Airspace includes Prohibited Areas, Restricted Areas, Danger Areas, Temporary Segregated Areas, Temporary Reserved Areas and Cross Border Areas.

The policy provides the requirements for the design, approval, notification, activation, management and operation of these airspace structures.

Details

Published: 31 January 2024

Application Form Submission Service update

Following the launch of the CAA online Application Form Submission Service (AFSS) on the CAA Customer Portal, the second (and final) wave of forms will be added to the service between Tuesday 6 and Tuesday 13 February.

To ensure you’re using the most up to date and correct form for your application please ensure you get the latest version of the form you require from the Publication Library.  Forms that are to be submitted through AFSS will have guidance on how to do this at the bottom of the form.

As a reminder you can read more about AFSS on the AFSS blog.

Details

Published: 12 January 2024

Flying Abroad - Designated Airports

In our January Enewsletter we included this item:

"From 1 January 2024 unless an airport is listed in Annex E as a Designated airport or has a Certificate of Agreement it cannot be used for foreign flights to/from the UK. The current list can be found here."

An observant member has pointed out that elsewhere in the Border Force guidance it says:

"Not all CoA aerodromes are listed within Annex E, therefore operators and pilots must contact the relevant aerodrome to ensure it is authorised to receive or operate a flight from outside the United Kingdom."

Details

Published: 11 January 2024

Submit a General Aviation Report (GAR) - Passenger Response Messages to sGAR from January 2024

The Home Office are introducing Response Messages to sGAR from January 2024, these messages will confirm whether an individual has a valid permission to travel or if you need to conduct a manual check for a visa.

You are invited to register for one of our engagement events for pilots, operators and agents who send passenger information to the Home Office through the sGAR web service.

The events are intended to provide further support and clarity regarding the introduction of response messages, as well as an opportunity to ask any questions you may have.

The next event will be held on 16 January 2024. More information here: https://www.eventbrite.co.uk/e/home-office-fbis-general-aviation-engagement-event-sgar-tickets-773617128657

For full details of the changes to GAR  and future events see: https://www.submit-general-aviation-report.service.gov.uk/welcome/index

The following slides were used at a recent meeting hosted by the Home Office Border Force:

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Published: 06 December 2023

Safety Sense Leaflet: Occurrence Reporting for General Aviation

The CAA have published a new Safety Sense Leaflet providing guidance on reporting safety occurrences in general aviation operations and related activity.

Reporting occurrences helps continue to improve aviation safety and this publication forms part of the popular Safety Sense project which the CAA are currently updating.

Details

Published: 22 November 2023

Advance information requirements for international General Aviation flights – government response

The Government have published the consultation response for the consultation General Aviation: Advance information requirements for international flights.

It covers:

• the background to the consultation
• a summary of the consultation responses
• the government’s proposals and next steps

The full response can be found here: https://www.gov.uk/government/consultations/advance-information-requirements-for-international-general-aviation-flights/outcome/advance-information-requirements-for-international-general-aviation-flights-government-response

The Home Office received 199 responses to the public consultation: 184 were received using the online smart survey and 15 were received by email.

The consultation was targeted to GA trade bodies and associations as well as to other government departments and agencies. The majority of responses were submitted by individual leisure pilots, with around 10% from business and commercial GA operators. Responses were also received from Counter-Terrorism Border Policing, the National Crime Agency and the Department for Transport. All feedback was analysed for common themes of support and concerns raised about the proposed regulations.

Government response Summary:

The government is grateful for the feedback and suggestions received from all respondents on the consultation. The valuable contribution GA makes to the aviation sector and the wider UK economy has been noted.

Whilst we endeavour to keep the regulatory burden on the GA sector to a minimum, this must be sufficiently balanced with border security and law enforcement needs. It is of paramount importance that API is received in a manner that enables automatic border checks to take place and for pre-departure action to be taken.

The government proposes to introduce regulations requiring information about international GA flights and persons on board and for that information to be provided online and in advance of departure for all international flights to and from the UK (including within the CTA). Reflecting feedback from consultation respondents the government proposes the information be submitted no earlier than 48 hours and no later than 2 hours prior to departure to or from the UK.

The regulations will be underpinned by a civil penalty regime where a maximum penalty of up to £10,000 may be issued for non-compliance.

Summary of next steps

In response to the consultation the government is committed to:

1. Making technical enhancements to the sGAR portal to improve user experience.
2. Developing a robust civil penalty process and publishing clear guidance on its operation for leisure pilots, GA owners and GA operators.
3. Establishing and publishing a clear process for reporting delayed GA flights or those having to report in exceptional circumstances.
   

AOPA has during the discussions promoted the need for a simple , seamless system that provides the necessary information with the least amount of inconvenience given that 99.9% of our members are law abiding citizens.

Like the US ESTA system, Europe and the UK have been developing their own policy and systems.The UK Electronic Travel Authorisation (ETA) system is scheduled to be fully operational by the end of 2024, while the European system, ETIAS,is scheduled to be operational from mid-2025.

Some of the points raised and Government responses:

Information required about flights and persons on board

Respondents were asked about the information that would be required in respect of flights and persons on board.

Most respondents commented the information is similar to what is already included in GAR and there would be no impact.

Concerns were raised over the duplication of data requirements with flight plans and the consideration given to introducing a single requirement encompassing the flight plan and API.

Some respondents noted not all airfield locations have an ICAO code and alternative options other than LAT/ LONG should be made available, given the scope for error with latitude and longitude and the consequences of such errors.

Government response

Whilst a flight plan includes information about the flight, it does not include – and does not need include – the API fields relating to persons on board. As such reliance upon the flight plan would be insufficient for border security and law enforcement purposes and adding details of all persons onboard to the flight plan is unnecessary for flight planning purposes.

The government is committed to making reporting as straightforward as possible. We are considering the feasibility of using additional applications such as ‘What Three Words’ to assist with identifying locations where there is no ICAO code.

Reporting notification period

Respondents were asked for their views on the proposed requirement that API be submitted no earlier than 24 hours and no later than 2 hours before departure.

Whilst a number of respondents felt the timing requirements were reasonable, there were some concerns that the proposed timings would not allow for last minute changes. Some respondents asked for more flexible timing requirements enabling API to be submitted within 2 hours of departure and more than 24 hours before departure.

Law enforcement agencies also noted concerns about their ability, when necessary, to reach remote GA locations within 2 hours of GA flights departing from the UK.

Government response

Within the timing requirements there is a need to balance the operational constraints of Border Force and other law enforcement agencies with flexibility for GA pilots, owners and operators. In order to fully assess each international GA flight and when necessary deploy to meet it, a minimum of 2 hours is required. Therefore, the timing requirement cannot be less than 2 hours.

However, after noting the suggestions that API be submitted earlier than 24 hours, the government is content to extend the timing requirement to a maximum of 48 hours prior to departure. This would also give law enforcement agencies additional time to analyse the API received.

Online submission of Advance Passenger Information (API)

Respondents were asked about submitting API online using portals or applications and if there would be any practical implications of doing so.

The majority felt that applications and portals were a sensible method for submitting API, providing the systems were robust and could ingest high volumes of submissions.

In the event of a technical issue, respondents mentioned the requirement to have a fallback method such as telephone or email.

Concerns were also raised about submitting API online from remote GA airfields without reliable internet connectivity or where the pilot was unable to access mobile data.
Government response

There is an existing manual reporting process for submission in the event of technical failure. Details can be found on: General Aviation Report (GAR) Guidance – April 2023[footnote 1]. The government is in the process of reviewing this and will publish updated guidance in due course.

As API can be submitted in advance of departure, should pilots be concerned about a lack of internet access at remote airfields they should submit the information in advance when they do have internet access.

Submit a GAR (sGAR) Portal

Respondents were asked to give their views on the government’s sGAR portal.

A large number of respondents stated they had not used sGAR due to already using existing third-party applications connected to Home Office systems.

Of those who have used sGAR, feedback was generally good, with the service being referred to as “an excellent service” and one which met their needs.

There was some criticism that sGAR was not user-friendly, for example, because it requires users to acquire a short validity log-in token. A number of respondents reported issues with Border Force being unable to locate GARs that had been submitted using the system.

There were further suggestions on how the system could be improved. It was said the sGAR log in process should be adapted to enable easier log-in; users should be able to amend the information submitted (instead of cancelling and resubmitting), and the receipt confirmation must be clear which flight it relates to.
Government response

All government systems hosted on gov.uk are required to pass an extensive assessment process and adhere to design principles in order to be government Digital Systems compliant. This process ensures that government systems are fully accessible and efficient.

The issues around GAR submissions have been noted and a review of internal operational processes is taking place. This will ensure all GARs submitted using s-GAR are identified and actioned by the relevant Border Force region.

Having reviewed and considered sGAR users’ experiences, the government has committed to making the following enhancements to the sGAR system:

• enabling users to log-in either using the existing token or, creating a character password
• adding a function to give pilots, owners and operators the ability to amend existing GARs for upcoming flights
• including flight details in GAR receipts making it easier to distinguish between GARs

The Authority to Carry Scheme

Respondents were asked for their views on the implications of operating the Authority to Carry (ATC) Scheme 2023[footnote 2] in respect of international GA flights.

There were concerns over how and when communications of refusals of authority to carry would be made and received by the responsible person. They felt an email or a telephone call should be used to communicate ATC refusal notifications as some airfields have no internet connection, impacting a refusal being received.
Government response

The Authority to Carry Scheme 2023 applies to international GA flights and where API is available GA operators have been refused authority to carry individuals to the UK when necessary. In the event an individual in scope of the Scheme is identified a phone call is made and an email is sent to the responsible person informing them that the individual should not be carried to (or from) the UK. The Authority to Carry Scheme 2023 also applies where the responsible person has not sought authority to carry all passengers and crew on board the flight to (or from) the UK. In both circumstances, under the Authority to Carry Scheme (Civil Penalties) Regulations 2015 the responsible person may be liable to a civil penalty of up to £50,000.

Reporting in exceptional circumstances

Respondents were asked how the reporting requirement should operate in exceptional circumstances. Suggestions ranged from a 24/7 telephone line or text service/email address to report changes to GARs, through to making changes to the sGAR or equivalent apps to allow pilots to report changes in circumstances.
Government response

As noted above, there is an existing process for reporting in exceptional circumstances. However, the government is reviewing this guidance and will publish an updated process in due course.

The 12-hour notification period under paragraph 12 of Schedule 7 to the Terrorism Act 2000

Respondents were asked for views on the impact of the 12-hour notification period under paragraph 12 of Schedule 7 to the Terrorism Act 2000 (‘TACT’).

Whilst there was a general consensus that the TACT notification requirement for international GA flights within the Common Travel Area, and for domestic flights between Great Britain and Northern Ireland and providing advance notification to authorities is a sensible requirement to have in place. The majority of respondents suggested that the timing requirement should be reviewed before any new regulations are implemented with a view to aligning the timing requirements.

Some respondents noted the 12-hour TACT notification drives perverse flying behaviours, such as pilots flying to the UK from the Channel Islands via France to avoid the TACT notification prior to departure.

A number of concerns were raised around the risks the timing of the TACT notification requirement posed to flight safety. Due to weather patterns quickly changing, the final ‘go/no-go’ decision is made closer to departure. Some respondents felt that attempting to comply with the TACT notification in bad weather could lead to flying in dangerous conditions.

Government response

The government is committed to amending the requirement in paragraph 12 of Schedule 7 to the Terrorism Act 2000 and will provide further updates on this in due course.

Alternative approaches

Respondents were asked for their views on alternative approaches to securing the border and managing vulnerabilities relating to international GA flights. Suggestions included:

• requiring all aircraft making international flights to carry a correctly configured and transmitting transponder
• categorising all flights by aircraft weight. For example, a microlight is unable to transport significant weight (drugs or people) but larger aircraft have more capability and should require closer attention from the authorities

Government response

The government welcomes the alternative solutions put forward by respondents. These are suggestions that will be considered and shared with DfT and may assist in developing our intelligence picture of international GA.

Details

Published: 16 November 2023

New study on Electronic Conspicuity published by UK CAA

A study has been published looking at how human factors affect the use of Electronic Conspicuity (EC), and what can be done to can enhance airspace safety.

• The research is part of progress being made on the regulator’s Airspace Modernisation Strategy
  
• Work is underway to help inform Electronic Conspicuity standards that should be adopted in the future.

New research shows there are untapped benefits of Electronic Conspicuity devices in light aircraft, which is vital to help avoid mid-air collisions and situations where air safety is threatened, known as Airprox. An accompanying video has been published which can be found here.

A report, published by the UK Civil Aviation Authority on 16 November 2023, has looked at the importance of technology used in light aircraft that helps make pilots aware of other aircraft such as planes, gliders, helicopters and drones to avoid collisions and increase airspace safety.

The findings of the report will be used alongside new research the regulator has commissioned to set a future standard for the use of Electronic Conspicuity equipment.

As well as enhancing airspace safety, Electronic Conspicuity is vital to enabling the safe and efficient integration of airspace for all airspace users, one of the objectives of the UK Civil Aviation Authority’s Airspace Modernisation Strategy.

Electronic Conspicuity is an umbrella term for the technology that can help General Aviation pilots, drone operators and air traffic services be more aware of what is flying in surrounding airspace.

It includes the devices fitted to aircraft and unmanned systems that send out position information, and the support infrastructure on the ground to help them work together.

Jon Round, Head of Airspace, Aerodromes and Air Traffic Management at the UK Civil Aviation Authority, said: “Electronic Conspicuity is key to unlocking progress on modernising airspace in the UK. Not only can it help to mitigate the risk of mid-air collisions and infringements into controlled airspace, but it can enable the safe and efficient integration of all airspace users in our skies. This new report shows how important it is for us to continue our work in this area, so that we can enable the modernisation of the UK’s airspace structure and route network.”

The milestone report was carried out by GASCo and Jarvis Bagshaw, who surveyed pilots to investigate how Human Factors affect the safe use of Electronic Conspicuity.

The results of the survey were complimented by four trial flights, using eye-tracking technology, to observe pilot behaviour in flight when using EC to enhance their visual scan and situational awareness.

Mike O’Donoghue, Chief Executive at GASCo, said: “Electronic Conspicuity is a really important tool for keeping our airspace safe. Our report shows its advantages, but also highlights the need for more training, awareness and hands-on practice. We will continue to work with the UK Civil Aviation Authority on the progress being made in this area, so that the benefits of Electronic Conspicuity can be realised.”

The research found that, despite the advantages of Electronic Conspicuity, there were many learning points including a ‘false sense of security’ from some pilots, issues around distraction when flying, and over-reliance on the technology.

The report also made recommendations on enhancing pilot training for Electronic Conspicuity devices, emphasising the importance of understanding in-flight effects and their mitigation, as well as the need for hands-on practice on the ground and in the air.

The publication of the report comes as the regulator commissions a new study on Electronic Conspicuity, which will look at how the technology can enhance airspace safety and enable integration of crewed and uncrewed airspace users. The research will aim to characterise UK airspace while researching methods of practically implementing Electronic Conspicuity.

The regulator will use this recent report from GASCo and Jarvis Bagshaw, and the newly commissioned study, to inform future decisions on an Electronic Conspicuity Standard, and how such a Standard can be implemented.