Due Regard flights

[JammedStab]

Heard two yesterday. One in Vietnamese airspace and one talking to Singapore on HF. Both American military aircraft. The Vietnamese controller wanted TH130 to go CPDLC for better communication about the pilots statement about making weather deviations but the aircraft was unable. The TH120 mentioned about FL260 and the Singapore controller said that he would work on a clearance for him but the pilot said that he was "Due Regard" and didn't need a clearance.

How exactly does the Due Regard stuff work?

[Airbubba]

6.3.2. Operations Not Conducted Under ICAO Procedures

6.3.2.1. Military operational situations may not lend themselves to ICAO flight procedures; e.g., military contingencies, classified missions, politically sensitive missions, routine aircraft carrier operations, and some training activities. Operations not conducted under ICAO flight procedures are conducted under the “due regard” or “operational” prerogative of military aircraft and are subject to one or more of the following conditions:

6.3.2.1.1. Aircraft shall be operated in visual meteorological conditions.

6.3.2.1.2. Aircraft shall be operated within surveillance and radio/satellite
communications of a surface and/or airborne facility.

6.3.2.1.3. Aircraft shall be equipped with airborne radar that is sufficient to
provide separation between themselves, aircraft they may be controlling, and other aircraft.

6.3.2.1.4. Aircraft shall be operated outside controlled airspace (Reference (d), Chapter 2).

6.3.2.2. The above conditions provide for a level of safety equivalent to that normally given by ICAO air traffic control agencies and fulfill U.S. Government obligations under Article 3 of Reference (e), which stipulates that there must be “due regard for the safety of navigation of civil aircraft” when flight is not being conducted under ICAO flight procedures. Essentially, flight under “due regard” or “operational” conditions (i.e., not under ICAO flight procedures) obligates the military aircraft commander to act as his or her own air traffic control and to separate his or her aircraft from all other air traffic.

From: www.dtic.mil/whs/directives/corres/pdf/454001p.pdf

I could tell you more but, well, you know the rest... :=

[10 DME ARC]

6.3.2.1.4. Aircraft shall be operated outside controlled airspace (Reference (d), Chapter 2).

Ha perhaps out side American CAS! More like outside 12nm from coastline!!

[farefield]

We used to fly "due regard" in the RAF,in the Oakland FIR north of Hawaii when I was in.We'd disappear off,responsible for own separation and do ops normal calls.We would usually have told Oakland what point we'd come back to and at what time.

[A Squared]

6.3.2.1.4. Aircraft shall be operated outside controlled airspace (Reference (d), Chapter 2).

Ha perhaps out side American CAS! More like outside 12nm from coastline!!

That doesn't mean that an aircraft may only operate "due Regard" outside controlled airspace. That is only one of the possible conditions under which a state aircraft could operate Due Regard. Note that the rule says "one or more of the following conditions" Not "...all of the following conditions" The aircraft could also be operated "due regard" within controlled airspace in visual conditions. or "due Regard" within controlled airspace using onboard radar systems to provide separation.