Does the semicircular rule apply in controlled airspace?

[Shenanigan]

I'm in Germany and when I was first taught the rule my understanding was that the semicircular rule only applied in uncontrolled airspace. All references that I have found (ICAO or German) seem to confirm that but I have been told by several people that it must be followed in controlled airspace as well.

I know ATC will assign an altitude they deem necessary but the question is really when I file a flight plan through controlled airspace do I need to file for an altitude in accordance with the semicircular rule? I didn't use to ever worry about following the rule since all IFR in Germany must be in controlled airspace and I never had a problem with my flight plan.

I would like to know if ATC even really cares what altitude is put on the flight plan.

If the rule does apply in controlled airspace then what about when legs of a flight cross over from one hemisphere to the other? Will ATC keep changing my altitude? And should I just file for the direction to the final destination or file for the first leg?

Also, if it matters all my flights take place within Germany (which as far as i have found just follow the ICAO rules for vert seperation) and are below 10,000 ft.

Thanks, any help on clarification would be appreciated.

[jking101]

Copied from CAP393: ANO
Instrument Flight Rules
32

(1) For flights within controlled airspace rules 33, 34, 35, 36 and 37 shall be the
Instrument Flight Rules.
(2) For flights outside controlled airspace rules 33 and 34 shall be the Instrument Flight

Rules.

Quadrantal rule and semi-circular rule
34

(1) Subject to paragraphs (2) and (3), an aircraft in level flight above 3,000 feet above
mean sea level or above the appropriate transition altitude, whichever is the higher,
shall be flown at a level appropriate to its magnetic track, in accordance with Table 1
or Table 2, as appropriate.
(2) For the purposes of paragraph (1), the level of flight shall be measured by an altimeter
set:
(a) in the case of a flight over the United Kingdom, to a pressure setting of 1013.2
hectopascals; or
(b) in the case of any other flight, according to the system published by the
competent authority in relation to the area over which the aircraft is flying.
(3) An aircraft may be flown at a level other than the level required by paragraph (1) if it flies:
(a) in conformity with instructions given by an air traffic control unit;
(b) in accordance with notified en-route holding patterns; or
(c) in accordance with holding procedures notified in relation to an aerodrome.
(4) For the purposes of this rule 'transition altitude' means the altitude which is notified

in relation to flights over notified areas.

[Wojtus]

It does apply. Controllers can however offer you a not semicircular-compliant level if they have a good reason to do it. Most flight plans I see are already made to the rule. And rest of them just does not get the clearance for flight level they have filed.

Remember that some south european countries use north/south instead of classic east/west rule.

[2 sheds]

Hey, J--h - you are quoting UK legislation which although obviously superior to the rest of the world, is (a) different and (b) will soon be dragged into line in most aspects!

Cheers

2 s

[belk78]

Wojtus, i'm afraid it's not as easy as not getting the clearance. A well known low-cost company is now getting used to filing an incorrect flight level, and obviously they are cleared to a different one, a correct one according to this rule, but what is the procedure after a rcf?...

[Wojtus]

That's so unprofessional from them... A few years ago they were known for filing very low FLs or detour routes to avoid slots, then ask for direct/cruise just when airborne.
Maybe they need another "reminder letter"..

[hvogt]

The semicircular rule is contained in sections 31 and 37 of the German Air Traffic Regulation (Luftverkehrs-Ordnung - LuftVO). A translated version is in the AIP, ENR 1.10. The rule applies to flights above the transition altitude (5,000 ft in Germany) in both controlled and uncontrolled airspace. ATC may assign other levels.

[Spitoon]

A well known low-cost company is now getting used to filing an incorrect flight level, and obviously they are cleared to a different one,

So, let me get this right, they file a FPL for a level that they don't intend/want to fly.

What value, then, European law - part of the Single European Sky stuff - which says 'Each intended flight shall be covered by a single flight plan. The filed flight plan shall correctly reflect the intended flight profile' (Commission Regulation No 255/2010 laying down common rules on air traffic flow management, Article 7, General obligations of operators)?

[Blockla]

(Commission Regulation No 255/2010 laying down common rules on air traffic flow management, Article 7, General obligations of operators)?

It's about enforcement... Plus there are a number of factors which can alter what was "intended" and what "actually" happens...

[Spitoon]

It's about enforcement...

Indeed, hence my question about the value of the legislation.

Having rules that everyone knows will not be enforced simply means that it fails to achieve fairness while some people change (if it's necessary) to meet the rules whilst others revel in ignoring it. And doing things to comply with some of the European rules that have been introduced to our business in the last few years can be very, very costly!

PS - Apologies to Shenanigan for the thread drift.

[5milesbaby]

The area sectors I work actually have agreements that do not conform to the semi-circular rule, mainly down to safety but also as there are many uni-directional airways so there isn't the need as much. However, most final cruise levels do tend to conform.