-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Graeme
Cant
Sent: Friday, 24 February 2006 10:44 AM
To: [email protected]
Subject: RE: Airspace WAS: [Aus-soaring] RE: Near misses

>From: "Kittel, Stephen W (ETSA)" <[EMAIL PROTECTED]>

>  While I have no real arguments against the rest of Graham's post,
>this is a statement that I have seen before on other mailing lists and
>it simply aint so.

You're quite right about the practice but I was talking more about the
legal principles underlying airspace law.  In much of the EU, I
understand (I'm not a lawyer), the government "owns" all the airspace
and "releases" it to the public as it sees fit.  In the US and Australia
(and probably the UK but I'm not sure), the law allows the government to
take over airspace at will but it's publicly available unless declared
otherwise.


____________________________________

No, this is simply not true.

The legal basis is the same. We are all signatories to the same
conventions.

The alphabet airspace which we proceed towards slowly is ICAO (ie
chiefly European rules)
The US applies the same rules (with stated areas of non compliance cos
they, like Australia, have to be seen to be their own masters)

As for Eastern Europe (I just picked Lithuania as it was the first one I
thought of)
http://www.ans.lt/en/aip/aip.htm  (go to the "enroute, ATC
classification" tab.)
By the way, this looks almost exactly like the German and French
equivalent documents and not too different from the Australian one,
except the Australian one is much bigger and not in two languages.
Appears though, they use a normal ICAO type classification there too.
Just the same as us. I'm guessing that most/all East European states
apply these rules too but I'm not going to check every country.
Eg Lithuania:
"Class G: IFR and VFR flights are permitted and receive flight
information service as far as is practical. Continuous two-way
communication with appropriate AFIS unit is required for flights within
TIZ and TIA"

Nothing special required to aviate in their class G, no forms to fill
out for the commisars.
AH HA ! see it says they "permit" folks to fly there (ergo the
government owns the airspace) But of course the Australian equivalent
says:

"2.1.6 In class G airspace, IFR and VFR flights are permitted. IFR
flights receive traffic information and a flight information service.
VFR flights receive a flight information service if requested."

Note that our government seems to "permit" us to fly here too. What was
the difference again?

There are no maps with "non free flight areas" on them. There are no
"government authorised" clubs anymore. There hasn't been for 15 years or
so in the east. There never was in the west. Our governments are all
signatories to the same agreements at a high level and at a lower level
our operational documents appear almost word for word interchangeable.

>   The East European system - in fact much of Western Europe too - is
>that all airspace is forbidden unless specifically declared open.

**Their airspace is no more "forbidden" than ours.**

SWK

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