FIRST SCHEDULE

SECTION VVISUAL FLIGHT RULES

Visual flight and reported visibility

24.—(1) In relation to flights within controlled airspace rules 25 and 27 shall be the Visual Flight Rules.

(2) In relation to flights outside controlled airspace rule 26 shall be the Visual Flight Rules.

(3) For the purposes of an aeroplane taking off from or approaching to land at an aerodrome within Class B, C, or D airspace, the visibility, if any, communicated to the commander of an aeroplane by the appropriate air traffic control unit shall be taken to be the flight visibility for the time being.

Flight within controlled airspace

25.—(1) Within Class B airspace:

(a)an aircraft flying within Class B airspace at or above flight level 100 shall remain clear of cloud and in a flight visibility of at least 8 km;

(b)an aircraft flying within Class B airspace below flight level 100 shall remain clear of cloud and in a flight visibility of at least 5 km.

(2) Within Class C, Class D or Class E airspace:

(a)an aircraft flying within Class C, Class D or Class E airspace at or above flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 8 km;

(b)subject to sub-paragraph (c), an aircraft flying within Class C, Class D or Class E airspace below flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 5 km;

(c)sub-paragraph (b) shall be deemed to be complied with if:

(i)the aircraft is not a helicopter and is flying at or below 3000 feet above mean sea level at a speed which, according to its airspeed indicator, is 140 knots or less and it remains clear of cloud, in sight of the surface and in a flight visibility of at least 5 km; or

(ii)the aircraft is a helicopter flying at or below 3000 feet above mean sea level and it remains clear of cloud and in sight of the surface.

Flight outside controlled airspace

26.—(1) An aircraft flying outside controlled airspace at or above flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 8 km.

(2) (a) Subject to sub-paragraph (b), an aircraft flying outside controlled airspace below flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 5 km.

(b)Sub-paragraph (a) shall be deemed to be complied with if:

(i)the aircraft is flying at or below 3000 feet above mean sea level and remains clear of cloud and in sight of the surface and in a flight visibility of at least 5 km;

(ii)the aircraft, other than a helicopter, is flying at or below 3000 feet above mean sea level at a speed which according to its air speed indicator is 140 knots or less and remains clear of cloud and in sight of the surface and in a flight visibility of at least 1500 metres; or

(iii)in the case of a helicopter the helicopter is flying at or below 3000 feet above mean sea level flying at a speed, which having regard to the visibility is reasonable, and remains clear of cloud and in sight of the surface.

VFR flight plan and air traffic control clearance

27.—(1) Unless otherwise authorised by the appropriate air traffic control unit before an aircraft flies within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the commander of the aircraft shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an air traffic control clearance to fly within the said airspace.

(2) The flight plan shall contain such particulars of the flight as may be necessary to enable the air traffic control unit to issue a clearance and for search and rescue purposes.

(3) Whilst flying within the said airspace during the notified hours of watch of the appropriate air traffic control unit the commander of the aircraft shall:

(a)cause a continuous watch to be maintained on the notified radio frequency appropriate to the circumstances; and

(b)comply with any instructions which the appropriate air traffic control unit may give in a particular case.

(4) Paragraphs (1), (2) and (3) shall not apply in respect of:

(a)any glider flying or intending to fly in Class B airspace notified for the purpose of this sub-paragraph;

(b)any glider flying during the day in controlled airspace notified for the purpose of this sub-paragraph which remains at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 8 km; or

(c)any mechanically driven aircraft without radio equipment flying during the day in controlled airspace notified for the purpose of this sub-paragraph which remains at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 5 km the commander of which has previously obtained the permission of the appropriate air traffic control unit to fly within the said airspace.