Class E airspace & gliders.
This is just a question to those who have more knowledge of the subject; both as CPL's & glider pilots, and also with more in-depth knowledge of how airspace categories are created.
EASA is tasked with air safety. In this scenario I wonder if the rules need reviewing with regard to air safety and if EASA are even active on this front.
I've just read a report of a near miss between a powered glider in class E airspace and a commercial jet. Wx was severe clear. Jet was IFR on radar ATC to an ILS; glider was VFR and not in radio comms with relevant ATC. Evidently the rules state that a powered a/c has to have a mode S transponder ON when above 5000' amsl or 3500' agl. In this instance, because the engine was OFF it was effectively a glider, so no requirement for a transponder. Hence ATC could not identify it, nor could the jet's TCAS. Neither was there any requirement for the glider to have radio comms with local ATC. Radar could see many primary targets, but on a closing HDG to ILS the crew could be overloaded.
So here we are in 21st century EU, with one a/c having all the bells & whistles of TCAS & transponders, and the glider having everything switched off and relying on Mk.1 eyeball. Indeed, it seems the only Mk.1 eyeball of the glider pilot saved the day. The jet guys saw it too late.
How on earth, or in the air, can it be SAFE to have a bit of kit on board an a/c that is mixing it with IFR traffic and have it switched off? Neither the jet not ATC knew the glider was there. Is it going to take a mid-air for the rule makers to see sense? What is ECA doing about it to lobby EASA? Are the technical arms of the pilots' unions not tasked with promoting the safe operations of its members and the industry as a whole? What are the more learned opinions? It seems bit like driving down the motorway in fog with your lights OFF because it's daylight.
Surely any a/c entering airspace where there is commercial traffic under IFR performing IFR approaches should announce itself to ATC, even if VFR, and have mode S ON. The kit is on board. Why would there be resistance to such rules in the name of safety? And what's just an engine got to do with safe flight operations? (and pls do not mention LaMia)