There is a new NfL with respect to this topic on the DFS website:
http://www.dfs.de/dfs_homepage/de/Services/Customer%20Relations/SERA/1-293-14.pdf
The link is broken – probably due to the space (%20)?
That is really funny. First they said “IFR in G is not allowed in Germany because SERA permits Germany to restrict it”. That was obvious bullshit and now they changed it to “IFR in G is not allowed in Germany because it’s not safe”.
This is of course legal nonsense, they cannot issue a decree violating SERA. Therefore IFR in G is allowed as of Dec 4.
They also quote §27a of the LuftVO as the legal basis for this – which I also find is nonsense. How can it apply if it violates an EU regulation?
Very simple: it does not apply. They do not have the authority to issue anything that contradicts SERA. You can print this NfL on toilet paper.
I don’t see anything strange with this NfL. It seems the DFS basically avoids the issue by lowering controlled airspace so that flight at or above the minimum IFR altitude is always in controlled airspace.
What it does also say is that you can’t do instrument approaches to or departures from controlled airports when ATC is not in operation, but that kind of restriction can be put into operational rules.
Sweden has always had unrestricted IFR in class G, but it has similar restrictions to instrument approaches — that is not going to change with SERA.
@ Achimha
So? You might be right in theory … but in reality? How do you plan to handle it?
Theoretically the RMZ in which IFR traffic is allowed to take place is in class G air space. Its just that only a few airports have these above them. There are some very busy GA only airports in Germany and maybe the discussion will come up to grant more airports a RMZ for IFR approaches. I don’t know though what the requirements would be.
It seems the DFS basically avoids the issue by lowering controlled airspace so that flight at or above the minimum IFR altitude is always in controlled airspace.
What is the minimum IFR altitude when taking off or landing?
SERA.5015 b specifically states (my bold, my capitalization)
“Except when necessary for take-off or landing, OR except when specifically authorised by the competent authority, an IFR flight shall be flown at a level which is not below the minimum flight altitude established by the State whose territory is overflown […].”
Theoretically the RMZ in which IFR traffic is allowed to take place is in class G air space.
I believe the question at hand is if Germany has the authority to prohibit IFR traffic in class G for the purpose of take off and landing regardless of the RMZ, once SERA is effective.
