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Old 4th Jun 2014, 10:09
  #217 (permalink)  
LeadSled
 
Join Date: Jul 2001
Location: Australia
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NZ was held up as the shining example for regulatory reform by the zealots. Leady, are you listening?

In 2002/2004, or thereabouts, the NZ CAA put out an airspace booklet, now offline, that depicted the beloved MOAs with no restrictions on access to civil traffic outside the 12-mile limit - I still have a hard-copy.

It's illegal, isn't it Leady, to deny access outside territorial waters? Let's get this straight to start off with. Because you believe NZ should be our model.

Our military were pilloried at the time by the zealots for having airspace off the coast that is regulated.

Check out page 10 of what was released by the NZ CAA in 2008 and which still stands as regards access to MOAs in international airspace. Read it for yourselves and ask why the NZ CAA changed the rules to regulate access beyond their territorial limits.
Howabout,

Yes, I am listening, and hearing incoherent noise.

Let's get one thing straight, I have never advocated the NZ approach to airspace management, period. Although, generally, they do it well. Thus, most of your rant falls at the first hurdle.

At all times I have advocated the US implementation of the ICAO airspace classification, because it works, and works very well, and as described in the first Minister's Airspace Policy Statement in the Airspace Act 2007 (Cth).

Look it up, it's on the ComLaw web site

If NZ are are actually purporting to restrict operations in MOSs outside the territorial limits, that is beyond their power, regardless of what is on paper.

Putting forward the NZ Civil Aviation Act and Regulations rules set as a general example to follow in Australia is another matter entirely.

Also look at Class F airspace off the NE coast of Canada in international airspace that's used by the military. You need a clearance and their AIP is pretty direct on that one.
Again, let's get some facts straight, ICAO Class F airspace IS NOT controlled airspace, look up your ICAO definitions. There is no such thing as a clearance to enter Class F airspace, any more than there is in G. If the Canadian AIP says otherwise, it is beyond power.

Canada is quite entitled to establish airspace classifications in international airspace that is under their jurisdiction, but ICAO rules apply, just as it does in Australia.

Whether you want to believe it or not, the US Navy treats Australia the same way it treats other (third world) countries that purport to ignore the Law of the Sea Treaties and other international treaties (when it suits us). When a aircraft carrier is coming to Australia, they make a point of conducting air operations, in airspace that Australia purports to restrict, despite it being in international waters.

Ever polite, the US Navy advises Australia of its intentions, and makes it very clear that this is advice, and is in no way is the USN asking for clearances to conduct air operations in international airspace.

This same US policy is applied to Indonesia, and including sailing through such as the Sunda Straight and other similar waters, that the Indonesia claim as domestic waters, despite the Law of the Sea Treaties, to which Indonesia is a signatory. No permission is asked by the USN.

Some years ago, an N registered light aircraft was flown up and down the beach off Willy, outside the 12 mile limit, when the the RAAF had purported to "activate" the military restrictions in international airspace.

No action was ever attempted to be taken against the pilot in command, because the DoT, DoD and the Attorney General's Department knew full well that no action could be taken, the pilot was completely withing his rights to do what he did.

It got up a lot of noses, that was the point, to show that all that offshore R airspace was unenforceable. Beyond power.

That something is printed on a piece of paper does not make it law.

Remember the fracas quite recently, when CASA decided that you needed an "international" AOC to fly Melbourne direct to Perth, and to fly from the mainland to a number of the islands in the Torres Straight. An interesting example of the application of the 12 mile limit to some rather silly CARs.

You should have a look, some time, at how rigidly the US observes the Law of the Sea Treaties, have a look at aeronautical charts for either the east or west coast, all US domestic civil and military airspace ends at the 12 mile limit, although, of course, the FAA continues to provide control services to traffic in international airspace administered by the US.

I sincerely suggest you get your facts straight.

If advocating world's best practice airspace management makes me a zealot, I am happy to wear the badge.

Tootle pip!!

Last edited by LeadSled; 4th Jun 2014 at 10:12. Reason: spelling
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