AMC1 UAS.SPEC.040(1)(b) Operational Authorisation
CAA ORS9 Decision No. 46
PROCEDURE FOR COORDINATION WITH SERVICE PROVIDER FOR OPERATION IN CONTROLLED AIRSPACE
Any application for operation in the Specific category must consider the need for involvement of the relevant Air Navigation Service Provider (ANSP), when operating within controlled airspace. This must be set out within suitable procedures. Guidance can be found the AMC to Article 11 (Annex E. OSO8). These procedures must take into account the risk of the operation and provide any necessary coordination with the ATS unit.
For VLOS operations within controlled airspace, below 400ft AGL, no permission or notification to the ANSP is required, unless operating within an FRZ.
For VLOS operations within controlled airspace, above 400ft AGL, this must be coordinated via a notification process when required for that portion of airspace, as set out within the AIP. This is in addition to the FRZ permission process, if operating within an FRZ. The AIP may set out additional requirements for the notification, such as a notice period for notification, within the AIP.
Note:
ANSPs will be required to update the AIP with such requirements, as necessary, by means of an ACP, which is likely to be a ‘Level 0 ACP’. Further information can be found in CAP 1616.
Any operation that has the potential to impact the operation of another airspace user within controlled airspace, must consider how coordination with the ANSP will be achieved.
ANSPs may choose to be notified about all, or some, or no UAS operations within controlled airspace above 400ft AGL.
For BVLOS operations, at any height, within controlled airspace, the ANSP responsible for the management of the controlled airspace must be notified.
Although there is not a requirement to notify the ANSP when flying within controlled airspace below 400ft AGL, outside the FRZ, and within visual line of sight, this may still be identified as a risk mitigation within the risk assessment (see Article 11). In such cases, if this is adopted as a procedure within the OM, then this must also be carried out.
When notifying an ANSP of a potential flight within controlled airspace, the ATS unit may advise that the flight should not take place for safety, or other operational reasons. Although the ANSP may not specifically issue, or reject, a permission for entry to such airspace (unless an FRZ/Restricted area), this advice should be followed by the UAS Operator. Failure to follow this advice is likely to lead to a breach of a number of other regulatory requirements, such as ANO article 240, which sets out that a person must not recklessly or negligently act in a manner likely to endanger an aircraft. The ANSP may choose to provide advice to the UAS Operator, on notification, of an alternative course of action that may mitigate the safety risk associated with the planned operation notified to the ANSP.