I find this thread very interesting. Are we saying that we never really know what the rule of an ATC unit in any given country is in relation to terrain clearance? It appears that in the UK ATC will ensure terrain clearance on a direct routing. But what about Spain, France, Italy etc?
The fact is that the ATC units in mountainous airports such as Malaga and Nice regularly give a clearance shortly after departure for an aircraft to fly direct to a waypoint while the aircraft is still well below the MSA for that waypoint, and indeed sometimes the aircraft is even well below its present MSA, allbeit while complying with the MSA for the SID it is tracking. Is it safe to accept any direct clearance from ATC, and accept that you are covered for terrain clearance?
My understanding has always been that terrain clearance is the full responsibility of the pilot unless when under radar vectors. I am confused by the term "radar control" and particularly "positive radar control". Pilots of commercial aircraft operate within controlled airspace almost all of the time, and therefore are almost always under radar control. Is a "cleared direct" instruction a radar control clearance, therefore ensuring terrain clearance?
I cannot figure out how, if I take off from Malaga runway 32 straight into high terrain (MSA 9000ft, if I remember correctly), and passing 3000ft I am cleared direct to a waypoint, the ATC unit can ensure terrain clearance, as I head straight for the mountain. Some people refuse the offer and continue to fly the SID, others accept the direct. It also regularly happend during the approach, cleared direct to a point that is below the MSA, and again people regularly accept it.
Can anyone offer any reference either ICAO or AIP from any country which could shed some light on this? The ICAO Pans ATC reference above was very useful, but anything else would be appreciated, particularly from the operations side.
Any comments appreciated.
Jazz.