BOAC - there is a difference between being somewhere intentionally and being somewhere because the weather is deteriorating rapidly and you are trying to get out of it / down. It would help if it were clear whether you are making general flight points or in relation to this accident flight.
Battersea might be "closed" due to low viz but that does not mean they would not accept an aircraft asking to divert through Wx.
At the time PB started the journey there was no problem. At Elstree conditions deteriorated more quickly than anticipated, and it closed. He reversed course. Wx continued to deteriorate, and PB elected to divert to Battersea, who accepted that. Wx continued to deteriorate and overtook him. So PB did not intend to be at that point in airspace at that time in that weather.
The 500 ft rule is mandetory for all helicopter flights, aside from take-off and landing BUT (just like and any all aircraft - even the ones you flew) may be broken if that is necessary for safety reasons. See Article 160(3) of the ANO 2009.
If deteriorating cloud - out of his control - pushed him within 500ft of any person, vehicle, vessel or structure because the alternative was to enter cloud in known icing conditions in aa Augusta A109 then rule 6 would be very much in point.
Last edited by John R81; 19th Jan 2013 at 18:31.
Reason: spelling