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Commission Implementing Regulation (EU) No 923/2012Show full title

Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (Text with EEA relevance)

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SERA.5005 Visual flight rules

(a)Except when operating as a special VFR flight, VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in Table S5-1.
(b)Except when a special VFR clearance is obtained from an air traffic control unit, VFR flights shall not take off or land at an aerodrome within a control zone, or enter the aerodrome traffic zone or aerodrome traffic circuit when the reported meteorological conditions at that aerodrome are below the following minima:
(1)

the ceiling is less than 450 m (1 500 ft); or

(2)

the ground visibility is less than 5 km.

(c)When so prescribed by the competent authority, VFR flights at night may be permitted under the following conditions:
(1)

if leaving the vicinity of an aerodrome, a flight plan shall be submitted in accordance with SERA.4001(b)(6);

(2)

flights shall establish and maintain two-way radio communication on the appropriate ATS communication channel, when available;

(3)

the VMC visibility and distance from cloud minima as specified in Table S5-1 shall apply except that:

(i)

the ceiling shall not be less than 450 m (1 500 ft);

(ii)

except as specified in (c)(4), the reduced flight visibility provisions specified in Table S5-1(a) and (b) shall not apply;

(iii)

in airspace classes B, C, D, E, F and G, at and below 900 m (3 000 ft) above MSL or 300 m (1 000 ft) above terrain, whichever is the higher, the pilot shall maintain continuous sight of the surface;

(iv)

for helicopters in airspace classes F and G at and below 900 m (3 000 ft) above MSL or 300 m (1 000 ft) above terrain, whichever is the higher, flight visibility shall not be less than 3 km, provided that the pilot maintains continuous sight of the surface and if manoeuvred at a speed that will give adequate opportunity to observe other traffic or obstacles in time to avoid collision; and

(v)

for mountainous terrain, higher VMC visibility and distance from cloud minima may be prescribed by the competent authority;

(4)

ceiling, visibility and distance from cloud minima lower than those specified in (3) may be permitted for helicopters in special cases, such as medical flights, search and rescue operations and fire-fighting;

(5)

except when necessary for take-off or landing, or except when specifically authorised by the competent authority, a VFR flight at night shall be flown at a level which is not below the minimum flight altitude established by the State whose territory is overflown, or, where no such minimum flight altitude has been established:

(i)

over high terrain or in mountainous areas, at a level which is at least 600 m (2 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft;

(ii)

elsewhere than as specified in i), at a level which is at least 300 m (1 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft.

(d)Unless authorised by the competent authority in accordance with Regulation (EC) No 730/2006, VFR flights shall not be operated:
(1)

above FL 195;

(2)

at transonic and supersonic speeds.

(e)Authorisation for VFR flights to operate above FL 285 shall not be granted where a vertical separation minimum of 300 m (1 000 ft) is applied above FL 290.
(f)Except when necessary for take-off or landing, or except by permission from the competent authority, a VFR flight shall not be flown:
(1)

over the congested areas of cities, towns or settlements or over an open-air assembly of persons at a height less than 300 m (1 000 ft) above the highest obstacle within a radius of 600 m from the aircraft;

(2)

elsewhere than as specified in (1), at a height less than 150 m (500 ft) above the ground or water, or 150 m (500 ft) above the highest obstacle within a radius of 150 m (500 ft) from the aircraft.

(g)Except where otherwise indicated in air traffic control clearances or specified by the competent authority, VFR flights in level cruising flight when operated above 900 m (3 000 ft) from the ground or water, or a higher datum as specified by the competent authority, shall be conducted at a cruising level appropriate to the track as specified in the table of cruising levels in Appendix 3.
(h)VFR flights shall comply with the provisions of Section 8:
(1)

when operated within Classes B, C and D airspace;

(2)

when forming part of aerodrome traffic at controlled aerodromes; or

(3)

when operated as special VFR flights.

(i)A VFR flight operating within or into areas or along routes designated by the competent authority, in accordance with SERA.4001(b)(3) or (4), shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and report its position as necessary to, the air traffic services unit providing flight information service.
(j)An aircraft operated in accordance with the visual flight rules which wishes to change to compliance with the instrument flight rules shall:
(1)

if a flight plan was submitted, communicate the necessary changes to be effected to its current flight plan; or

(2)

as required by SERA.4001(b), submit a flight plan to the appropriate air traffic services unit as soon as practicable and obtain a clearance prior to proceeding IFR when in controlled airspace.

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