VMC could be above a solid overcast, and how many jet pilots have a suitable terrain elevation reference to enable a DIY letdown.
We can debate this for ever 
but I think that, quite simply, nobody has thought this through, and everybody hopes it will never happen.
By VMC it implies to make a VMC recovery, not a cloud break OCAS NORDO.
The last time I did a similar route (Dinard to Fairoaks, but through the Channel Islands TMA), the flight plan was via ORIST at FL090. However, Jersey Control asked me on first contact what route I wanted – so I said “ORTAC and via the airway to SAM” and that is what I was given. It is of course shorter to go via ORTAC and OCAS to Fairoaks, rather than staying in CAS and doing one of the Farnborough STARs into Fairoaks.
A good tool to avoid this when planning is the vertical profile in foreflight. If you had used that you could have seen that your flight would take to OCAS at the planned level.
Peter wrote:
We can debate this for ever but I think that, quite simply, nobody has thought this through, and everybody hopes it will never happen.
Exactly.
If I’m flying a light GA IFR flight, with a filed flight plan, and sometime shortly after departure I lose comms then regardless of my airspace classification or flight conditions at the time I am supposedly entitled to fly the rest of the route as filed and land, non-radio.
In reality if I actually did that the CAA would sh*t on me from a great height.
An airliner or bizjet is obviously going to get much more latitude, but the real-world expectation on me (provided I can find some VMC) is that if I experience comms failure then I ‘get myself out of the way’ and go and land somewhere quiet and OCAS.
So all these stories are from U.K. based pilots, if I’m not mistaken.
What would actually happen to a pilot coming from a country where ICAO rules are followed, i.e., where only the pilot decides whether his flight is cancelled or not? I would NOT expect what happens in any of these U.K. stories.
So as a result, I would definitely continue my flight totally unaware of the situation and probability is quite high that I’d bust any airspace ahead. So I’d continue my flight as initially cleared (because that’s what a clearance including a clearance limit is there for), would spend a nice week in the U.K., and would fly back to where I’ve come from. Is that the end of the story for a non-U.K. citizen?
I mean, how on earth can anyone believe that you get prepared for any of this that is totally contrary to how it is undertaken in any other country (in Europe)? And – who’s fault is it then if the U.K. ATC doesn’t stick to the international rules?
As a foreign pilot you’d be fine, because:
1) There are not actually any non-ICAO rules in place regarding this
2) There is no way you can reasonably be expected to know that in practice ICAO rules are not followed, in that any non-commercial IFR flight which leaves CAS for any non-trivial length of time is treated as though they have cancelled IFR as far as ATC is concerned
3) Your home CAA would laugh at the UK CAA when they tried to go after you
Evidence of people I personally know is that the UK CAA does not pursue it, for obvious reasons.
But actually if you read the MORs (they are confidential but I get sent copies periodically) there are few if any apparent actions against pilots on Eurocontrol IFR flights who exited CAS and then re-entered. For sure ATC would MOR it (they will be fired otherwise) but I suspect Mr Gratton would carefully weigh up the risk of the pilot getting a good lawyer.
One point is that you would not be in a situation of not knowing, as ATC will very explicitly tell you that you are leaving control airspace and to remain outside of control airspace.
It would likely result in an intense radio exchange and argument if you are not expecting it and surprised by it, you can argue to get a clearance back which they are unlikely to give you. In my case, they proactively offered to try but failed. if you then decide to enter controlled airspace anyway it would be clear you did something against ATC instruction.
Now whether you would be prosecuted or not; I personally have no idea, but I doubt any pilot would actually proceed to reenter airspace when you have been explicitly told not to.
roznet wrote:
Now whether you would be prosecuted or not; I personally have no idea, but I doubt any pilot would actually proceed to reenter airspace when you have been explicitly told not to.
Then what are you supposed to do if you get comfailure in IMC? Your current flight plan hasn’t changed and, as I wrote above, that’s all that matters for the comfailure procedures.
