G'day Bob, Richard and my fellow aviators!

Page 2.27 on BT Airlaw (Issue 13 March 2012) says in the table (under the row entitled) "Airways Clearance required?" where it intersects with the airspace type column for "Class D" says "YES" (as indicating that an Airways Clearance is required for Class D"

And yet on the following page 2.28 in the mini exam, the correct answer to Question 1 "Select the Class of Controlled airspace in which VFR traffic may operate WITHOUT an airways Clearance" (Caps mine)

The correct answer indicated is (d) "Class D".

This would appear to contradict the previous page?

If I go to AIP ENR 1.4.4 under the "CLASSES OF AIRSPACE-SERVICES AND REQUIREMENTS" I can see under the row for Class D in the most right hand column under "SUBJ ATC CLR" where they intersect the answer is "Yes" also.

Am I missing something? As I understand it, there is a "Kind of" Clearance issued, but it is not an airways clearance per se, but rather a requirement for the tower to at the very least, acknowledge your call sign, but the probably thing is that a Class D tower (rather than Melbourne or Bris CTR) will give you a clearance to enter. Its a clearance alright, but is it an AIRWAYS clearance? (I think of it as a "local tower based" clearance rather than "airwayS" clearance issued by ATC (Melb/Bris) its issued directly by the tower.

Thanks

Brook

Hi Brook... this question was recently discussed here in the forum bobtait.com.au/forum/general-enquiries/3601-air-law-questions

Essentially, a clearance IS required to operate in Class D airspace, however that clearance generally takes the form of a simple instruction or even just a read back of your callsign by the guys in the Class D tower. Have a read of the earlier discussion, it is well worthwhile.

Thanks Ray,

Yes its an interesting one. I seem to recall reading that a clearance into Class D is, although a clearance, not an AIRWAYS clearance (as it is not actually an Airway, but more like a control zone).

That having been said however, if the answer is the affirmative that it is indeed an Airways Clearance, then the question One on page 2.28 is incorrect.

In that case the answer to question 1 "Select the class of controlled airspace in which VFR Aircraft may operate WITHOUT an AIRWAYS clearance" (caps mine) should actually be "Class E" instead of "Class D".

Seems a few before me picked up on this. I know most are probably thinking that "I should get a life" I just thought that maybe the phrase Airways needed a little tidying up still, and more importantly didnt want to trip up on this one in the exam.

There is no doubt about it however, Question 1 is in DIRECT conflict with the statement made on the previous page from an english and grammatical context, and I never underestimate the impact of language and communication, it has been the cause of many an air traffic disaster.

Some of us including certain regulatory bodies somethings take the approach that rough enough is good enough, or are prepared to be nebulous, but that creates uncertainty at the point of decision, where in fact the answer is often fairly black and white.

I have been reading some older (early 1900's authored in the US) publications on an unrelated but factual subjects, its amazing how well the authors could be concise without the need to cover themselves from a legal standpoint. It appeared in my opinion that they used the correct phraseology in the first place and their use of language expanded the subject really well, and considerably differently that how one would write a text book today on the same subject.

Please dont think I'm having a dig, I am just trying to be specific on what appears to be polarised answers between the pages.

Brook

Without trying (i mean this) to be a pain in the proverbial, question no. 9 on page 2.29 same edition of BT CPL Air Law asks:

For a VFR Flight which is DEPARTING an aerodrome within a Class D CTR -

b) a clearance to take-off is also a clearance to operate in the class D airspace (correct)
c) an airways clearance is ALWAYS required (incorrect)

This is where it gets granular. For example, you could be doing circuits at a Class C or Class D aerodrome. What then? Are you getting an AIRWAYS CLEARANCE of is this only once you DEPART the CONTROL ZONE?

One could see how the confusion could arise, however I believe there is some almost deliberate but contextually inaccurate syntax used here.

Talking with a nearly retired and very experienced LAME, I asked him why he was retiring ahead of schedule, he informed me of the risk he undertook as a LAME, (a bit like the risk placed on an insurer). Sometimes in order to mitigate at least some of that risk, he would write a letter or call up the regulator (a bit like the insurer contacting the underwriter, to determine the absolute (financial) risk). (By adding ambiguity the underlying underwriter allows themselves a unspecified "nebulous out"in the event of loss).

He decided to exit the industry based on what he found to be "nebulous" responses from the Regulator. He said at the pointy end of where implementation meets legislation, there was no room for ambiguity, as he felt it could could lead to a reduction in safety and hence a possible loss of life.

If we spend more focus on getting to a specific accurate answer (let your yes mean yes and no mean no) there would no questions necessary in terms of execution, which leads to refinement of process and typically better outcomes, with less friction...

Maybe its time as Aussies we starting recommending an online improvement log for the regulator. To do this we would need to foster an environment of continual improvement.

From what I can see some of the "nebulous" answers come from the fact that sometimes, but not all the time, the regulators themselves do not actually know, due to the combined complexity of all the acts, in terms of precedence, scope and real time revision of sometimes archaic legacy laws. It would also appear the regulator struggles to deal with its upstream complexities of the Attorney General...

After all, the purpose of law (if you ask the Scottish who apparently invented it) was to find out "what REALLY happened" once upon a time, without ambiguity. By introducing ambiguity, truth and morals only become an opinion to be decided by lawyers and not common sense...

Thanks again Ray - so is it a Clearance or an AIRWAYS Clearance

Interesting point made on page 2.31 second paragraph in relation to Class D
"Note that you nor ATC need to use the phrase 'Airways Clearance"." so I guess it could be a loaded topic still.

Brook

Hi Bob,

Looking at the Jepps and the AIP, both read an Airways Clearance is required in class D Airspace.
I have seen it posted that Class D tower will often give you a "clearance as such" but its not exactly an "Airways clearance".

Q1. Specifically asks in what class of controlled airspace in which a VFR aircraft may operate without an airways clearance

Ans.- Class D.

If this was a CASA exam question, what would be the correct answer?

Also could you please explain the difference between a clearance and an airways clearance.

Thank you.

Actually I've changed this question in the on line exams. When you enter or leave Class D airspace for Class G airspace, that is you are not going to immediately enter Class C airspace, you do not use the phrase 'request airways clearance'. You simply advise the tower of your intentions and he/she will acknowledge if that suits him. In other words, the tower doesn't stipulate the track and height you are to fly - you tell the tower what your intentions are and he/she lets you know if that's OK.

This question probably causes unnecessary confusion and it's probably more suited for discussion over a beer. It's not likely to be the subject of a CASA exam so I have amended it.

Hi Bob,

Clear as mud Thank you for taking the time to explain that for me, much appreciated!

Kind regards,

Nick.