Another bit of well meaning poor thinking from EASA.
Whilst I agree that there is no blanket exemption from the Semi Circular rule below 3,000', in the open FIR (not below a TMA/CTA) this will not be a problem, as the higher flight levels can easily be accessed.
Below a TMA/CTA, there should always be an ATC unit available for use, ie. the controlling unit for the TMA/CTA, and even if they only tell you to remain outside CAS, then you are acting 'in conformity with the instructions of the appropriate air traffic service unit ...'
Under the London TMA the 'appropriate air traffic service' is Farnborough Radar, and whilst under a Deconfliction Service with them, you are also acting 'in conformity with the instructions of the appropriate air traffic service unit ... '
The problem arises when, like the OP, you are under a Traffic Service from them. You are
not then acting 'in conformity with the instructions of the appropriate air traffic service unit... ', as, under a Traffic Service,you are not being given any 'instructions', only advice.
In this case, you should either provoke them into 'instructing' you to remain outside controlled airspace, or, request a Deconfliction Service.
MJ
Ps. I sometimes wonder if I will live long enough to see the appalling mess created by JAA then EASA, cleaned up.
