Cobalt wrote:
I will leave the intricacies of how guidance material can grant a right that the underlying rules do not, but this is not a “derogation” from a rule. I would also not want to argue in court if France has established “appropriate structures” with their general rules about minimum heights, and exactly how to read the word “and” in that sentence…
The guidance material does not grant any rights. This GM is advice on how to implement higher minimum altitudes that those stipulated by SERA in cases where it is deemed necessary. It is done by establishing a restricted area (or other “appropriate structure”) which restricts flights below the desired minimum altitude.
That makes perfect sense. A pilot who knows SERA should not unknowingly violate a minimum height restriction just because some state has decided to implement a national rule. But an R-area is not unknown. It is clearly charted and pilots know that they shall avoid them or request permission to cross.
I’ve been told by French pilots that in practice the French minimum altitudes over towns would probably not stand up to a court challenge, but nobody is inclined to bet their ticket on it. Which I fully understand – me neither.
