Uk Mil flight regs

[Marly Lite]

A question for the learned amongst us.

Where is it written that the military are able to operate to the Mil regs as defined in the mil AIP QRs MAA regs etc etc and do not necessarily have to follow the ANO & Uk civ AIP? (and where does this apply and where not?)

As a mil operator I have known the the mil regs as best as able. I have only ever really had fleeting knowledge of the ANO.

The obvious areas that stand out are low flying and VFR rules which are different for mil and civ operators. (Even more so if in the UKLFS) I have always assumed that when in class G then mil rules apply, if in controlled airspace then civ rules apply, but I'm buggered if I can find definitive legislation.

The reason I ask is twofold:
A, curiosity & knowledge expansion!
B, yet more up and coming unasked for Euro legislation which, at first reading appears to make little mention of 'state aircraft'

Can anyone point me in the right direction?

[Background Noise]

Try the ANO (CAP393) Pt 32 para 252 CAP 393: Air Navigation: The Order and the Regulations | Publications | About the CAA (http://www.caa.co.uk/application.aspx?catid=33&pagetype=65&appid=11&mode=detail&id=226) for a start but its probably another minefield.

[Courtney Mil]

Indeed, the Air Navigation Order, Article 252.

(1) Except as otherwise provided by paragraph (2), and articles 144(2), 160(1)(a), 162(7) and (17) and 215, nothing in this Order applies to or in relation to any military aircraft.

(2) If a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of that person’s duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters, the provisions specified in paragraph (3) apply to that flight.

(3) The provisions referred to in paragraph (2) are articles 137, 138, 139 and 161 and in addition article 160 (so far as applicable) applies unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 550) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.

And, yes, it is a minefield.

[10W]

In Controlled Airspace, it will depend on whether you are operating as Operational Air Traffic (OAT) or as General Air Traffic (GAT).

If you are GAT, then you comply with the civil rules as laid down by ICAO (as modified by individual States which can file differences).

If you are OAT you are operating under the regulatory provisions and ATM arrangements for military training and missions. OAT is regulated on a national basis, but Europe is currently trying to introduce a 'standard' set of rules for the region (which States will of course be able to amend in their sovereign airspace).

We tend to see military aircraft operating as GAT when on non tactical transport flights or where diplomatic reasons might require it (e.g. transiting Irish airspace).

[CoffmanStarter]

Out of curiosity ... is JSP318 still the de facto reference for UK Military Flying ?

[Courtney Mil]

JSP 550, I think, Coff.

[Sideshow Bob]

Both 318 and the 550 series (MARDS) have been superseded by the MRP (MAA Regulatory Publications)

Military Aviation Authority | Regulatory Publications (http://www.maa.mod.uk/regulation/index.htm)

[Courtney Mil]

Thanks for that update, Sideshow. I knew they were working on it, but thought it would take forever.

[VinRouge]

Interesting to note that SoS states many military regs are required as far as reasonably practicable, to match and sometimes exceed civvy regs. Big one I can think of regularly not matched is the 250 kts below 10k.

[Courtney Mil]

Thank God for that. Could be something of a problem for some FJs. It's all falling apart, isn't it?

[VinRouge]

Depends on your point of view seeing we share airspace and airfields sometimes with civilian fare paying passengers.

[Marly Lite]

Thanks Courtney M and Background noise.

Had a scan today, thank god the mil regs are not worded that way!

10W agree with you in principle but technically, there is no actual legislative compunction for the mil to comply when fg GAT. The mil rules regarding mil flight as GAT have been aligned to match/be identical, which is close, but not quite the same thing.

[Cows getting bigger]

The way I read the regulations is that the ANO grants an exemption to the military in most areas. In other words, The Lord can take away that which he has given, hence the appetite to ensure that wherever possible the military regulations mirror the civil ones.

[Easy Street]

The mil rules regarding mil flight as GAT have been aligned to match/be identical, which is close, but not quite the same thing.

Without digging through the books to find a quote, I think the formulation used in mil regs is effectively 'when proceeding as GAT, military aircraft are to follow the appropriate civilian rules'. Pedantically, this is not aligning the military rules with civilian ones - which would involve writing all the civ rules out again in the mil regs. Mil aircraft under GAT are operating under a single mil rule which says 'use the civ rules', which ensures that mis-matches cannot develop. In theory it is possible for the mil to issue different rules for GAT; the only example I can think of is the '<250kts below 10000ft' one.

[VinRouge]

500' msd is the other one. :ok:

[10W]

From the Manual of Military Air Traffic Management (http://www.maa.mod.uk/linkedfiles/regulation/mmatm.pdf)

Operational and General Air Traffic

36. There are differences between the ATS rules and procedures applicable to OAT and GAT. However, in principle, a flight may be conducted as OAT or GAT irrespective of whether the aircraft operating authority is civil or military. The decision to fly as OAT or GAT will be made by the pilot according to the availability of ATS and the nature of the flight. A military pilot crossing CAS in the FIR usually proceeds as OAT. Conversely, a military pilot wishing to make use of the CAS route structure and services must proceed as GAT.

37. Access to CAS by pilots of aircraft operating as OAT is permissible provided that the pilot conforms with the associated regulations and rocedures concerning ATC clearance and ATS; such details may be found in RAF FLIPs. Aircraft operating under ASACS control, must conduct their flights in accordance with the rules laid down for access to CAS in the instructions issued by parent HQs.

38. Pilots of military aircraft operating as GAT must conduct their flights in accordance with the ATC rules applicable to the airspace. The rules are described in the UK AIP and RAF FLIPs. However, there are differences between the rules applying to civil GAT and those applying to military GAT. Military pilots are not subject to the speed limit of 250 kt specified for civil flights below FL100 and the VMC criteria applicable to military aircraft are those specified in Figure 4-1 UK VMC Minima for VFR Flight.

Not sure whether it's legislative compunction or not though ;)

[Marly Lite]

10W,

1. Thanks. I believe para 38 sums up the situation. Effectively, we adhere as far as practicable.

2. Cows Getting Bigger, I believe, provides the rationale. That is to say, an unreasonable departure from alignment by the mil would/ could end up with application of the law of unintended consequences. Therefore my rule at my para 1 above applies. Although this is unwritten as such.

[Onceapilot]

You might find some GASO type of restrictions imposed as well.

OAP