Sure terrain takes priority, and if it was me in that situation (I would not do that in the first place) I would turn off the transponder and climb as necessary (there will be nobody else at the MSA, enroute, especially in Spain), but most GA pilots are taught to be scared sh1tless of ATC.
You hit airspace with moving maps, even with contact of a radar controller, things just get busy when you go outside a familiar track…if one struggles to visualize and stay away from well defined 3D cubs and cylinders of airspace on moving 2D maps, how easy for him to avoid mountains cliffs and peaks with exotic shapes?
In mountains under IMC or marginal VMC, to me either fly above MSA or have 3D moving maps :)
Peter wrote:
I would turn off the transponder and climb as necessary (there will be nobody else at the MSA, enroute, especially in Spain)
Never thought I’d hear you talking about turning the transponder off 
, especially in IMC!
However, that might just get you prosecuted, while declaring an emergency most likely won’t.
I’ve had the guy in charge of (Paris) Orly’s control tower tell me (after I phoned apologizing, having massively bust their airspace due to overload – they alledgedly had to reroute a couple arrivals) thanking me for not turning the transponder, and telling me that had I done so, then they would have gone heavy handed (rightfully so I’d think). I never heard anything back from them.
Ibra wrote:
In mountains under IMC or marginal VMC
My rule is valley flying → IMC verbotten. The only exception is if there is an apparently very thin layer (where I can see actual holes) to get through the top.
My assumption is that if sh!t hits the fan (e.g. start getting icing / some other issue), attention to the map is going to be reduced, so I’d rather my live not depend on it.
Peter wrote:
but most GA pilots are taught to be scared sh1tless of ATC.
It always pays to play the “inexperienced guy” and say you are not familiar with the local/area rule, especially flying on a foreign reg or license, you get some lessons on the radio but you get what you want at the end 
Peter wrote:
Sure terrain takes priority, and if it was me in that situation (I would not do that in the first place) I would turn off the transponder and climb as necessary (there will be nobody else at the MSA, enroute, especially in Spain), but most GA pilots are taught to be scared sh1tless of ATC.
Wouldn’t it be better to keep the transponder on, set to 7700?
The map in the article shows the location of the accident, so it’s not where FR24 track ends.
FWIW in many years flying in Spain I have never, ever, been refused CAS entry or transit. This whole ‘fear of ATC’ is, IME, largely a UK thing.
As far I have experienced FR24 tacking off does not mean transponder OFF, sometimes you don’t get enough ground stations to receive the thing or corrupted data files?
Sometimes it does not show at all but this seems aircraft specific, one C172 I fly never showed on aircraft tracking websites (my wife who spend time tracking my flights would call it the F117 )
172driver wrote:
FWIW in many years flying in Spain I have never, ever, been refused CAS entry or transit.
I’ve never been rejected by ATC in any request except some directs for convenience reasons. Anytime I asked anything (altitude, heading) for some good reason (icing, turbulence, headwind) I got it. Spain or anywhere else.
