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Old 17th Feb 2017, 15:32
  #182 (permalink)  
bookworm
 
Join Date: Aug 2000
Location: UK
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It doesn't occur to you that the recommendation was acted on or perhaps rendered moot by the intro of EASA Ops.
It's EASA Air Ops that's the issue here. Allow me to quote some snippets:

CAT.OP.MPA.125 Instrument departure and approach procedures
(a) The operator shall ensure that instrument departure and approach procedures established by the State of the aerodrome are used.
(b) Notwithstanding (a), the commander may accept an ATC clearance to deviate from a published departure or arrival route, provided obstacle clearance criteria are observed and full account is taken of the operating conditions. In any case, the final approach shall be flown visually or in accordance with the established instrument approach procedures.

NCC.OP.115 Departure and approach procedures
(a) The pilot-in-command shall use the departure and approach procedures estab*lished by the State of the aerodrome, if such procedures have been published for the runway or FATO to be used.
(b) Notwithstanding (a), the pilot-in-command shall only accept an ATC clearance to deviate from a published procedure:
(1) provided that obstacle clearance criteria are observed and full account is taken of the operating conditions; or
(2) when being radar-vectored by an ATC unit.
(c) In any case, the final approach segment shall be flown visually or in accordance with the published approach procedures.

NCO.OP.115 Departure and approach procedures — aeroplanes and heli*copters
(a) The pilot-in-command shall use the departure and approach procedures estab*lished by the State of the aerodrome, if such procedures have been published for the runway or FATO to be used.
(b) The pilot-in-command may deviate from a published departure route, arrival route or approach procedure:
(1) provided obstacle clearance criteria can be observed, full account is taken of the operating conditions and any ATC clearance is adhered to; or
(2) when being radar-vectored by an ATC unit.


Note the conspicuous absence of NCO.OP.115(c). Just in case you think it's an accidental omission, here's the corresponding bit from SPO, which tends to deal with both complex motor-powered aircraft and non-complex aircraft:

SPO.OP.115 Departure and approach procedures — aeroplanes and heli*copters
(a) The pilot-in-command shall use the departure and approach procedures estab*lished by the State of the aerodrome, if such procedures have been published for the runway or FATO to be used.
(b) The pilot-in-command may deviate from a published departure route, arrival route or approach procedure:
(1) provided obstacle clearance criteria can be observed, full account is taken of the operating conditions and any ATC clearance is adhered to; or
(2) when being radar-vectored by an ATC unit.
(c) In the case of operations with complex motor-powered aircraft, the final approach segment shall be flown visually or in accordance with the published approach procedures.
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