GENERAL RULES

GENERAL

The general rules of the air traffic procedures applicable in Spain conform, in general, with the ICAO Annexes 2 and 11, as well as with the Regional Supplementary Procedures, ICAO Doc. 7030.

Other rules set out in the section GEN 1.6 are also applicable. In the sections below, a descriptive summary is offered to help airspace users, although if there is any discrepancy, the Rule will prevail over the content of the AIP. The content of this AIP section does not fulfil the quality requirements.

Military aircraft flights may be included in some of the following types of air traffic:

• General Air Traffic (CAG): When the aircraft flies according to the rules contained in the Reglamento de la Circulación Aérea (RCA),in the SERA and in the Royal Decree 552/2014 which develops them.
• Operational Air Traffic (CAO): When the aircraft flies according to the norms contained in the Reglamento de la Circulación Aérea Operativa (RCAO).

APPLICABILITY OF THE RULES OF THE AIR

The rules of the air shall apply to Spanish aircraft subject to the general air traffic rules (CAG), wherever they may be, to the extent that these do not conflict with the rules published by the State having jurisdiction over the territory over-flown.

In the same way, these shall apply to foreign aircraft in general traffic within Spanish airspace, territory of Spanish sovereignty, or airspace assigned to Spain pursuant to regional air navigation agreements.

COMPLIANCE WITH THE RULES OF THE AIR

The operation of an aircraft whether in flight or in the movement area of an aerodrome shall be in compliance with the general rules and, in addition, when in flight, either with:

1. the visual flight rules, or
2. the instrument flight rules.

OPERATIONAL AIR TRAFFIC (CAO)

These are military flights, manned or not, which due to their mission, do not operate according to the Reglamento de Circulación Aérea (RCA), but according to the Reglamento de la Circulación Aérea Operativa (RCAO).

State or civil aircraft flights, manned or not, which due to the nature of their mission (such as air refuelling, patrolling and reconnaissance, test flights, etc.) cannot comply with RCA and applicable European regulations, may be CAO flights if the Autoridad Aeronaútica Competente Militar so authorizes.

RCA and applicable European regulations shall be of supplementary application to aircraft flying in accordance with RCAO in all respects not specifically laid down in RCAO.

RCAO is consistent with the provisions for CAG which the Spanish Government and European Union may determine, which all apply to all matters not specifically regulated in RCAO.

In addition, military aircraft shall apply the rules laid down for CAG as much as possible, their deviations being those contained in RCAO.

CAO AND CAG COMPATIBILITY

During peacetime, the use of the airspace by both types of air traffic activities (CAG and CAO) will be based on the appropriate coordination between them.

For this purpose, the following principles shall be taken into account:

• Safety of aircraft, whatever their status, nationality or type, has priority over any other consideration.
• All rules governing both types of movement must be consistent.
• In those volumes of airspace where the availability of human, technical or operational means ensures the continuous awareness of aircraft positions and their safety, compartmentalizing of airspace shall be avoided.
• In order to facilitate what is laid down in RCA regarding Control Responsibility, procedures shall be established, where required, by letters of agreement to ensure coordination in the blocks of airspace used by CAG and CAO aircraft.
• When the paths of aircraft flying according to CAO rules, their evolution or the type of mission or training they are engaged in make it difficult to foresee, sufficiently early to permit effective coordination, the exact position of CAO aircraft, a temporary airspace reservation shall be made, ensuring that this reservation is active only while the necessary conditions are met.
• During crisis situations, the use of airspace and air traffic control (CAG and CAO) shall be carried out as established in the relevant airspace control plan for crisis and war situations and the specific coordination procedures that may be established to facilitate the transition from peacetime to crisis.

CHANGE FROM CAO FLIGHT TO CAG FLIGHT OR VICE VERSA

The request to change the type of flight plan (CAG-CAO or vice versa) during the flight shall be presented at such a moment as to ensure that the appropriate air traffic service unit will receive it, at least, ten minutes before the estimated time at which the aircraft will make the change.

Change from CAO flight plan to CAG or vice versa, is only acceptable when an air traffic service unit receives a message transmitted from the aircraft captain/formation commander or pilot in command that contains the specific expression “REQUEST TO CHANGE MY FLIGHT PLAN TO CAG/CAO” with the possible changes that must be made to the flight plan, if any.

Air traffic control units shall not suggest, directly or implicitly the change of flight plan.

The control unit will authorize the change of flight plan using the phrasing “CAO/CAG FLIGHT PLAN CHANGED AT ... time” to which the pilot shall acknowledge receipt.

In case of controlled flights, the change will not be accepted until the corresponding air traffic control unit grants the appropriate authorization, following coordination.

All air traffic service units that receive notification of intent by an aircraft to change from CAO flight to CAG flight or vice versa, will notify, as soon as possible, to all the remaining air traffic service units where the flight plan was filed, except for the units whose regions or areas the flight has already passed, as well as any other units affected by the change.

RCAO PRINCIPLES

The RCAO objective is provide to military aircraft the necessary freedom of action for the conduct of their operations, schooling, instruction or training, foreseeing and avoiding the risk of collisions in flight.

The establishment of RCAO contributes to guaranteeing aircraft safety, whatever be its status, nationality or type, so the first principle to be taken into account is that in peacetime, aircraft safety takes priority over all other considerations.

For that purpose, controllers and pilots or operators of remotely piloted aerial systems are responsible for preventing collisions between CAO aircraft, between these and obstacles, and with CAG aircraft, applying the rules contained in RCAO.

RCAO SCOPE OF APPLICATION

RCAO shall apply to Spanish military aircraft within airspace of Spanish sovereignty and within airspace of responsibility assigned to Spain under international agreements.

It will be applicable as well, to Spanish military aircraft, flying according to CAO rules, in other States, to the extent that this does not conflict with the legislation and flight rules of the State overflown.

It will likewise be applicable to foreign military aircraft using airspace of Spanish sovereignty or responsibility requiring to operate as CAO flights.

Finally, it shall apply, when exceptionally authorized by the Autoridad Aeronáutica Competente Militar, to other non-military aircraft due to the nature of their mission (such as air refuelling, patrolling and surveillance, test flights, etc.).

RCA, SERA AND R.D. 552/2014 APPLICATION

Military aircraft not flying according to RCAO will be subject to RCA, the SERA and the R.D. 552/2014.

Military aircraft flying according to RCAO shall be subject in a supplementary manner to RCA, the SERA and the R.D. 552/2014 in all respects not specifically laid down in RCAO.

The general rules of RCAO are established in the Second Book, third chapter.

CAO FLIGHT RULES

CAO flights will be carried out according to one of the following flight rules:

• OVFR (Operative visual flight rules)
• OIFR (Operative instrument flight rules)
• ADFR (Air defense flight rules)

AIR DEFENSE FLIGHT RULES (ADFR)

Traffic operating according to the Air Defense Flight Rules (ADFR) is the following:

• Air police.
• Interception/escort (I/E) and honor escort for aircraft with VIP authorities on board.
• Interceptions during air defense exercises (EDA).
• "Scramble" training; subject to prior coordination between the civil and military units involved, according to the conditions laid down in the civil-military Coordination Rules.
• Active air defense (DAA).
• That exceptionally considered so by the Autoridad Aeronaútica Competente Militar, depending on the nature of its mission.

Air traffic flying according to ADFR:

• May operate without airspace reservation.
• May take off in emergency (scramble), which in certain cases may be deferred.
• A formation flight is considered as a single aircraft.
• Is not required to file a flight plan.
• Always has priority over other aircraft, except those that have officially declared an emergency.

The Defense System may declare military flights that did not take off according to ADFR, as ADF traffic once in flight.

The Defense System may declare traffic operating as ADFR as OVFR / OIFR traffic once in flight.

The Defense System shall communicate in advance the change of flight rules to CAO control units responsible in the area where this traffic operates.

Close coordination shall be maintained between the interception control unit and the corresponding ATS unit during all phases of the interception of a civil or military aircraft, in order to keep the ATS unit abreast of the events, as well as of the measures demanded of the intercepted aircraft.

CAO REMOTELY PILOTED AERIAL SYSTEMS

The RCAO shall apply to such systems.