Am I alone in being slightly unnerved by one or two posts on here from people who seem to suggest that they believed they would automatically have a right of way when flying an ILS approach in class G, above VMC minima?
It has been widely reported that both aircraft were making an approach at the time of this accident (I have no idea as to whether that is wholly correct, but will assume for now that it is). As such, both would seem to be subject to the normal GFR/VFR "give way" rules (neither would have an automatic right of way as being the aircraft "approaching to land" under Rule 17 (6)), irrespective of whether or not one or both were taking advantage of the ILS . Similarly, neither aircraft was under control from an ATC unit, in fact neither could legally have accepted control, had it been offered, as I understand it, as the conditions were better than VMC minima and the accident occurred in class G airspace.
The whole idea of flying ILS approaches in class G, in good vis, gives me the willies, particularly as it seems to becoming more widespread as the budget airlines move out to cheaper satellite airports. I'm in no way associating this with the accident in question, before I get leapt upon once more, just raising the whole issue as to whether it's safe practice to do this.
VP