VFR at Night

[Pilot]

Jim,

I think you're on a bit of a limb claiming ATC is the competent authority.

The SERA defines it as

‘competent authority’ means the authority designated by the Member State as competent to ensure compliance with the requirements of this Regulation;

That is the IAA not ATC.

Of course we should be allowed to keep SVFR at night if there is no VFR at night. But it's up to the IAA to issue an exemption before this comes into place, not ATC.

P

[Jim]

Who do you think is more competent to ensure that the SVFR flight is complying with the regulations?

Do you seriously believe that Shannon Control seeks permission from the IAA every time an SVFR is required?

If they decided to discontinue SVFR, there would be a lot more than me creating a rumpus! ICAO would recommend abolishing the IAA and we would be back again in the hands of the DoT.

[Pilot]

Who do you think is more competent to ensure that the SVFR flight is complying with the regulations?

Do you seriously believe that Shannon Control seeks permission from the IAA every time an SVFR is required?

If they decided to discontinue SVFR, there would be a lot more than me creating a rumpus! ICAO would recommend abolishing the IAA and we would be back again in the hands of the DoT.

Jim,

I've never suggested that ATC refer to the IAA for SVFR. They don't because they don't have to at present. SVFR is allowed at night under our current rules. That will chance on 4 December unless something is done. I don't expect that Shannon ATC would refer on a case by case basis after SERA comes in either. So either the IAA give a general exemption or we don't get any.

There is only four possibilities here.
1. The IAA allow VFR at night and don't continue with their current stand
2. The IAA opt for the 2 year derogation for SERA and we simply get 2 more years before this changes
3. the IAA give a general exemption allowing SVFR at night and we continue on as before
4. the IAA opt not to allow VFR at night and don't do anything else in which case we can no longer fly at night without an IR.

Your last two posts are somewhat bizzare. ATC is not the "competent authority" as defined in the regulation.

As a fully paid up AOPA-Ireland member, I had thought that in bringing the issue polietly to your attention that you would make representations to the IAA to ensure that they do one of options 1 2 or 3 above and not option 4.

To be frank, I'd have thought that options 2 and 3 would be pushing against an open door, and there would be no problem in getting them to do so, provided they were aware of the potential problem.

Unfortunately I bizzarly find myself trying to explain to you that the rules as drafted which come into effect in 2 months time ban SVFR an night and that Shannon ATC isn't the Competent Authority as defined under this leglisation, and am left with not faith that you understand the issue involved.

I will go and make my own representations on this issue directly to the IAA, as disappointingly, I'm left with little confidence that you are in a position to do so on my behalf.

I really had hoped for better from AOPA but fear that your last two posts will put other people off joining. It's only through numbers that AOPA Ireland can become a powerfull organisation, and I hope those postings don't put people off.

P

[Jim]

Your last two posts are somewhat bizzare. ATC is not the "competent authority" as defined in the regulation.

They were delegated the competent authority in 1993 and under the present EASA Acceptable Means of Compliance (AMC’s) they still are. http://www.easa.europa.eu/rulemaking/fa ... ce-AMC.php

As a fully paid up AOPA-Ireland member, I had thought that in bringing the issue polietly to your attention that you would make representations to the IAA to ensure that they do one of options 1 2 or 3 above and not option 4.

All members, subscribed and free, has my email address and mobile phone number, plus the locations I am periodically at, to approach me with their concerns. I openly invite them all (quite often) to approach me with their issues which I have always acted upon with the authorities concerned, I have quite a list built up over the past 3 years! However, someone posting under a pseudonym on a public forum can be quite difficult to identify, especially one I am not a regular visitor to. Even more difficult to verify if they are an AOPA member unless they mention it.

Unfortunately I bizzarly find myself trying to explain to you that the rules as drafted which come into effect in 2 months time ban SVFR an night and that Shannon ATC isn't the Competent Authority as defined under this leglisation, and am left with not faith that you understand the issue involved.

Not quite sure where you believe there is a ban on SVFR mentioned. There is absolutely NO ban on it and there wont be under the draft.
I told you days ago that there is no change in the present situation as we now stand. There is a slight change in the wording which will not affect the present situation.

I will go and make my own representations on this issue directly to the IAA, as disappointingly, I'm left with little confidence that you are in a position to do so on my behalf.

The IAA will tell you there will be no change except for the wording, AOPA went through this draft when we first received it. We have made representation to the IAA on some issues within the draft which we feel needs attention.

I really had hoped for better from AOPA but fear that your last two posts will put other people off joining. It's only through numbers that AOPA Ireland can become a powerfull organisation, and I hope those postings don't put people off.

With due respects Sir, I believe potential members will see that I informed you some days ago that SVFR will not change and certainly will not be “Banned”. You appear to have misread the draft. SVFR is allowed at present with the authority of ATC, this shall remain so under SERA, its just the wording that has changed to require the higher authority of Senior ATC officer/Supervisorr to authorize it at night time, instead of any controller. That affects the ATC personnel and not the pilot.

Jim